HomeMy WebLinkAboutPK12-227 - Original - Kent Youth and Family Services - Watson Manor East Wall Construction Project - 09/17/2012 l
f �.a-.
Records M r e�me-
KENT - Document
WA9HINGTOH g�-`T�='
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: J��,rI4- Yr tk Qn-1d I1N �Q-c/Vf
Vendor Number: 33S54 (
JD Edwards Number
Contract Number: P'fdsy I �—
This is assigned by City Clerk's Office
Project Name: M00n®r- �S � yJfnll CoVlstryi(`t-�6v�
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract
❑ Other:
Contract Effective Date: QI 1 t 1 ( l2- Termination Date: 14� l2
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment 1
Contract Manager: Department: H-L&w"9ey\hoeQ I I�D�rI�S
Detail: (i.e. address, location, parcel number, tax id, etc.):
1:3 Z S" a n el �� & i _y,, 4 t ZO 1
(LPM_�, jNoL g0 32
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
CDBG AGREEMENT
BETWEEN THE CITY OF KENT
AND
KENT YOUTH AND FAMILY SERVICES
WATSON MANOR EAST WALL CONSTRUCTION PROJECT
This Agreement, entered into this 17th day of September, 2012, between the City of
Kent, a Washington municipal corporation (hereinafter the "City") and Kent Youth and
Family Services (hereinafter the "Agency").
RECITALS
WHEREAS, the City is an entitlement City applicant for Community Development Block
Grant ("CDBG") funds (Catalogue of Federal Domestic Assistance-CFDA 14.218) under
the Housing and Community Development Act of 1974 (the "Act"), as amended, Pub.
L. No. 93-383, 88 Stat. 633 (1974), and anticipates receiving CDBG funds for the
purpose of carrying out eligible community development and housing activities under
the Act and under regulations promulgated by the Department of Housing and Urban
Development ("HUD"), at 24 CFR § 570, et seq.; and
WHEREAS, the City desires to contract with the Agency for the performance of certain
eligible activities described within this Agreement; and
WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the
City to undertake the aforementioned eligible activities, so long as the requirements of
the Act, HUD regulations, and state and local laws are adhered to, as provided for
herein; and
WHEREAS, the purpose of this Agreement is to provide for cooperation between the City
and the Agency, as the parties to this Agreement, in the provision of such eligible
activities; and
WHEREAS, the parties are authorized and empowered to enter into this Agreement
pursuant to the Act, RCW 35.21.730 to .735, and/or by the Constitution and the
enabling laws of the State of Washington; NOW THEREFORE,
For and in consideration of the terms and conditions provided in this Agreement, the
parties mutually covenant and agree as follows:
INDEX TO AGREEMENT
PART I - GENERAL CONDITIONS ........ ..... .. ... .. . .. ...... ... ..........I... ... ............................ 1
1. Scope Of Agreement....... ... .. .. .. ........ .. .. .. ... .............. ....... ... .. .. .. ... .. .. ....... ... 1
2. Scope Of Project . .. . .. ... ... .. .. . . .. ... ... ............... ... ....... ... .. ............ ... ........... 1
3. Purpose And Primary Objective - § 570 200(a)(3)..... .. ... ........... ........... ... ............... .... ... .... 1
4. Commencement And Termination Of Project(s).......... ... ... ............... ... .. 2
5. Administration .. ... . .. ....... ... .. .. ... ... .. ... . ... .... .. .. .... ... 3
6. Compensation And Method Of Payment ............ ... ... .. ... .. .. ....... .. .. .... ...... .. ... .. ... . 3
7. Eligible Costs .. .. ... ... ... ... .. .. .. ... ... .. ... .. .. .. .. ... ... ... ...4
8 Operating Budget .. .. .. ... ........ ....... .... ... ........ .. . .. ..... .. .. ... .. .... ... .. ... .. ... ..4
9 Funding Alternatives And Future Support .. .... .. .. ... .... ... ... ... ... ... .... ....... ........I... ... ......... 5
10. Amendments. ................... .. ....... .............. ... .... ....... ............ ........... 5
11 Assignment And Subcontracting .. .... ... ... ... .... .... . . .. .. ... .......................... .. ....... .. 5
12 Hold Harmless And Indemnification ... ... .... ... ....... .. ... ... .. ............ .. ... ... .... .. ... .... ... 5
13 Project Close-Out ................ ............ ... ....... ........................ .. .. .. .. ... .... ... ... .. . ... 6
14 Insurance ... ........... ... ........ .... ... ... ... ... ........ .I...... .. ... .. .. ... ........ .. ... .. . . 6
15 Conflict Of Interest .. ... ... ... ........ . ... .. .. ... ....... ........ ... .. ............ ... .. 6
16 Suspension And Termination Of Agreement .. .. ... ... ... ... .. .... ... ... ... .... ...................... . . 6
17 Safeguarding Of Client Information . . .. ... ... .. ... .. .. ... ... ... .... ...I....I............. ... .. 7
PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS .......................................................... 7
1 Nondiscrimination . . .. . .. . . .. .. .. ... ... ... ... .... .. ... .... ........ .... ........ 7
2. Section 504 And Americans With Disabilities Act ........ ... .. .. .. .... .... .. .. ............. ... ... . 10
3. Procurement Standards .. .. . .. .. . . . .. ... .. . .. . .... ....... ... .. ... . 10
4 Uniform Administrative Requirements And Cost Principles - § 570.502, 570.610 . ... .... ... ... .... .. 10
5 Data Universal Numbering System I 1 . . .. 11
6. Program Income - § 570 504 .. .. .. ... .... ... .... .... ... .. ......... ... ... .... ........ ... ... ..... ... . 11
7. Public Information ... ... ... ... ... ... ... ... .. ... .. .. ... ........ ... .. ... ........ ... .... ... ... . it
8. Other Federal And State Requirements .... ... ... ... ... .. ... .... .. ............ ... .. .............. ..... 12
9. Local Requirements ....... ..... ... ... .. .. .... .... ... .. .. ... ........ ........ 12
Public service programs must comply with sections 9 and 10. ............................. ............................ .. 12
10. Nonsubstitution For Local Funding. . . . . ..... ...................... ... .... ... ... ... .... .. . .. .. 12
11 Faith-Based Activities - §570 200(j) ... .... ... .... .... .... ... ............ ........ ... .... ... "" .. ... .. 12
Acquisition or improvement of real property projects must comply with sections 11 through 18. ... ....... 13
12 Accessibility .. .... ......... ... ... ... ... .. .... .. 13
13 Environmental Review . ... .. .. .. . .. . .. ..... .. .. .. . . .. .. .. .......... 13
14 Labor Standards - § 570.603 ... ... .... ... ... ... .. .. ... .. .... ... .... ... .. .. .. .. .... .... 15
15 Volunteers - 24 CFR § 70 ... .. .... ... ... . . .. .. .. .............. ....... .... ... ... ... . .... ... 15
16. Acquisition And Relocation.. ..... ... .... ... .. ... .... .... ............. ... . .. .. ... .... .... ... ... .... .. 15
17 Public Ownership.. .. .. .. ... ......... .............. .... ... ... ........ ... ... ........ .... ... .. ... 16
18. Reversion Of Assets - § 570 505.... ..... ... ......... .... .... .... ............. ... .... ... .. ... .... ... .... .. 16
19 Property Management Standards ... .. ... .. ... ... ... ... .... ... ... .... ........ ... ... .. .... ..... 16
20 Additional Local Requirements . ... ... ... ... .... .... .. ............. ................. ... .. .... .. .... 17
PART III - MONITORING & REPORTING REQUIREMENTS...... ... ... ..... ... ... ... ........ .. .. ... ........ . 17
1. Monitoring .. .... ... ... ... ... ... . .. .... .... .. . .. ... ... ... ............ ... 17
... .... ....
2 Program Reporting... .... .. .. .... ... .. ... .. . ... ... ... .... ... ... .. .. .. ... ................... 17
3 Fiscal Reporting Responsibilities.. ......... ......... .... ... .. .... ........ .. .. . ... ........ ... .... ... 18
4. Audits . .... .... .. ... ... .... ... .. .. . ... .. .. ........ ......... .. ... .. .... .... ... ... 18
PART IV - RECORDKEEPING REQUIREMENTS.. .... .. ... ..... ... .... ........ .... .. .. .. .. .. .. .. ... 18
1, Program Records and Inspections . . . .... .... ....... .. .... .... .... .. ... ... ... ..... ... . 18
2 Program Benefit Records - § 570 506(b) ......... ... ... ... ........ .... .... ... ... ... .... ........ ........ 19
3. Financial Records . ,. ......... .. .. .... ... .... .... ... .... ... ... .............I... 20
4. Records Of Program Operations, Management And Evaluation . ... . .. ..... .... .... ... ... ... ............ 20
5. Property Records . .. .. .. .. . .. ... ... ... ... .... ... ..... .... .. ... .... ... ..... ... .. 21
6. Procurement Records - OMB Circular A-110 .................. ... .. .. .. . .. .. .... ... ............. ... . 21
7. Nondiscrimination And Equal-Opportunity Records - § 570.506(g). ........ ... .... ... ........ ........ . 21
8. Conflict Of Interest. . I I .. .. .... ... . . ... .... ... .. ... .. .... ... .... .... 22
9. Verification Of Subcontractor's Eligibility - 24 CFR 5 .. .. .. .. ... .... .... ... . ... ... .... .... 22
10. Additional Requirements for Acquisition or Improvement of Real Property Projects... ... .... .. 22
I I
PART I - GENERAL CONDITIONS
1. SCOPE OF AGREEMENT
The agreement between the parties shall consist of this Agreement and its
signature page; the recitals page; the general conditions and any special
conditions; the federal, state and local program requirements; the monitoring and
reporting requirements; the recordkeeping requirements; each and every project
exhibit, appendix, and attachment incorporated into the Agreement; all matters and
laws incorporated by reference herein; and any written amendments made
according to the general conditions. This Agreement supersedes any and all former
agreements applicable to projects attached as Exhibits to this Agreement.
2. SCOPE OF PROJECT
A. The Agency shall use the funds provided herein only to perform the activities
authorized by this Agreement and as set forth in the CDBG Project Scope of
Services, a draft of which is attached as Exhibit A and incorporated by this
reference. Because this Agreement is executed prior to funds being allocated to the
City through federal appropriations, the City will forward to Agency a final Exhibit A
that the City will create if federal appropriations are awarded to the City for
Agency's services, and that final Exhibit A, which may include adjustments in
allocations or scope imposed as a condition of the final federal appropriations, shall
relate back to and be incorporated into this Agreement. In the case of multiple
projects, each project shall correspond to a separate Exhibit. This Agreement may
be amended from time to time, in accordance with the general conditions, for the
purpose of adding new projects, amending the scope of work, or for any other
lawful purpose.
B. Agencies funded by the City to carry out neighborhood revitalization, community
economic development, or energy conservation projects shall meet the
qualifications of a Community Based Development Organization (CBDO) pursuant to
24 C.F.R. § 570.204(c). The "carry out" requirement "means that the CBDO
undertakes the funded activities directly or through contract with an entity other
than the [City], or through the provision of financial assistance for activities in
which it retains a direct and controlling involvement and responsibilities." 24 C.F.R.
§ 570.204(a)(4).
3. PURPOSE AND PRIMARY OBJECTIVE - 42 U.S.C. § 530(c), 24 C.F.R. § 570.200(a)(3).
"The primary objective of this chapter and of the community development program
of each grantee under this chapter is the development of viable urban communities,
by providing decent housing and a suitable living environment and expanding
economic opportunities, principally for persons of low and moderate income.
Consistent with this primary objective, not less than 70 percent of the aggregate of
the Federal assistance provided to States and units of general local government [of
CDBG expenditures] under section 5306 of this title and, if applicable, the funds
received as a result of a guarantee or a grant under section 5308 of this title, shall
be used for the support of activities that benefit persons of low and moderate
income .. " 42 U.S.C. § 5301(c), 24 C.F.R. § 570.200(c).
1
Income limits for persons eligible to be served by these activities are outlined in
Exhibit B, which is attached and incorporated by this reference. The income
guidelines attached as Exhibit B at the time this Agreement is executed shall be in
draft form if federal income guidelines for the contract year have not been released
and posted to The Department of Housing and Urban Development's web site prior
to the execution of this Agreement. If federal income guidelines are in draft form,
the City will forward to Agency a final Exhibit B, including any adjustments imposed
by the federal government once it is generated by the federal government at the
time it finalizes its appropriations, and that final Exhibit B shall relate back to and
be incorporated into this Agreement.
The following requirements apply:
A. The Agency shall ascertain household income of persons applying for and receiving
assistance to assure compliance with the income limits defined in Exhibit B; and
shall maintain records pursuant to Part IV of this Agreement, Section 2(B); or
B. If the activity exclusively serves a clientele, which by federal regulation is
"presumed" to be low and moderate income, individual income verification is not
required. Persons eligible for this presumption are specified in Part IV of this
Agreement, Section 2(C). In this case, the Agency shall maintain appropriate data
to validate the presumption, as provided in Part IV, Section 2(C); or
C. If the activity is such that it is not feasible to identify and record beneficiaries, the
total population of the area from which the beneficiaries are drawn must be
predominantly low and moderate income. In this case, the Agency shall maintain
substantiation data as required by Part IV of this Agreement, Section 2(D).
D. The benefit to low and moderate income beneficiaries must be in the form of a free
or reduced cost service. If beneficiaries are charged for services, the charges to
low and moderate income beneficiaries, and to all other beneficiaries, shall be as
specified in the Exhibit(s), if applicable. Changes to the structure of charges during
the term of this Agreement (and, in the case of a facility project, for five years
thereafter) must preserve an identical discount for low and moderate income
beneficiaries, and the change must be approved by the City.
E. The low and moderate income limits in effect at the time of execution of this
Agreement are specified in Exhibit B. These limits are revised periodically by HUD.
It is the Agency's responsibility to use any revised limits when they take effect.
Revisions will be announced by and can be obtained from the City.
4. COMMENCEMENT AND TERMINATION OF PRO)ECT(S)
A. The City shall furnish the Agency with a written notice to proceed. No work on a
project shall occur without prior written approval from the City. Agency shall take
all necessary precautions and shall be responsible for the safety of its employees,
agents, and subcontractors in the performance of the contract work and shall utilize
all protection necessary for that purpose. Termination dates for individual projects
shall be specified in the appropriate Exhibits. Costs incurred prior to the date
written notice to proceed was given or after the termination date will not be
reimbursed. The termination date may be changed through an amendment of this
Agreement.
2
B. Although the term of this Agreement shall run from September 17 2012 through
December 31. 2012, this Agreement, however, is contingent upon the availability of
funds to be allocated through federal appropriations. Therefore, should funds to
support Agency's services not be made available through anticipated federal
appropriations, this Agreement shall immediately terminate without risk or liability
to the City and without obligation to disburse funds or to reimburse Agency any
funds expended in anticipation of funding availability. All work shall be done at
Agency's own risk, and Agency shall be responsible for all losses associated with
services provided before the City issues its written notice to proceed. All acts
consistent with the authority of the Agreement and prior to the date of the
Agreement's execution are hereby ratified and affirmed, and the terms of this
Agreement shall be deemed to have applied.
S. ADMINISTRATION
A. The Agency shall appoint a liaison person who shall be responsible for overall
administration of CDBG funded project(s) and coordination with the City's Parks,
Recreation, and Community Services Department. The person appointed shall be
designated in Exhibit C, which is attached and incorporated by this reference. The
Agency shall also designate one or more representatives who shall be authorized to
submit the Billing Voucher and Service Report and Milestone Projection/Completion
Form, which are attached as Exhibit D-1 and D-2, respectively. The name of the
liaison person and representative shall be specified in the Exhibit.
B. The Agency shall provide ten (10) days written notice to the City of any changes in
program personnel or Board membership.
C. The agency shall provide the City with a current list of its Board of Directors,
general or limited partners, as applicable.
6. COMPENSATION AND METHOD OF PAYMENT
A. The City shall reimburse the Agency only for eligible costs allowed pursuant to this
Agreement, which are part of the activities specified in the Exhibit(s), and in an
amount not to exceed the amount specified in Exhibit A, plus any miscellaneous
surplus office equipment, as available, related to the provision of services under
this Agreement, and according to the procedures developed by the City of Kent.
Reimbursement shall be based on a Billing Voucher and Service Report, which shall
be submitted to the City by the Agency's authorized representative.
B. The City of Kent uses a variety of measures as indicators of satisfactory contract
performance. The Agency will be expected to meet 100% of the performance
measures as defined in Exhibit A. Exceptions may be made in cases where
circumstances beyond the Agency's control impact their ability to meet their units
of service and the Agency has shown reasonable effort to overcome those
circumstances. Exceptions are made at the discretion of the City's Human Services
Manager.
C. If the Agency does not meet performance goals, payment for services rendered
under the agreement will be reduced by the rate calculated for each service unit.
For example if an Agency contracted to provide 100 bed-nights a quarter for
$5,000.00 and only provide 75 bed-nights, payment would be $3,750.00 instead of
$5,000.00.
3
D. The Agency shall submit a Billing Voucher and Service Report on a monthly basis.
Billing Vouchers and Service Reports are due in accordance with the schedule and
budget incorporated as Exhibit A and in accordance with Section 7 below. If the
due date falls on a Saturday or Sunday, Billing Vouchers and Service Reports are
due on the prior Friday. If the due date fails on a City holiday, Billing Vouchers and
Service Reports are due the next working day following the holiday. The Final
Service Report is due in accordance with the schedule listed in Exhibit A. If the
Agency's line item budget includes personnel services costs, the Agency shall
submit a CDBG Public Services Project Time Sheet (attached as Exhibit G if
applicable) with the Billing Voucher and Service Report. The City will make
payment to the Agency not more than forty-five (45) days after said Billing Voucher
and Service Report is received and approved by the City's Parks, Recreation, and
Community Services Department. The City will issue a statement of correction in
the event the Billing Voucher and Service Report is erroneous. Payment by the City
shall not constitute approval of the services for which payment is requested. The
City does not, by making such payment, waive any rights it may have pursuant to
this Agreement to require satisfactory performance of the services promised herein.
The City reserves the right to demand and recover reimbursements made for
ineligible costs.
7. ELIGIBLE COSTS
A. All costs incurred must be reasonable and of a nature which clearly relate to the
specific purposes and end product of the Agreement under which the services are
being performed. Care must be taken by all concerned in incurring costs to assure
that expenditures conform to these general standards and the following criteria for
eligibility of costs.
B. To be eligible for reimbursement, costs must:
(1)Be necessary and reasonable for proper and efficient execution of the
contractual requirements and in accordance with an approved budget.
(2)Be no more liberal than policies, procedures, and practices applied uniformly to
other activities of the Agency.
(3)Be accorded consistent treatment through application of account policy and
procedures approved and/or prescribed herein.
(4)Not be allowable under or included as costs of any other federal, state, local or
other agency-financed programs in either prior or current periods.
(5)Be net of all applicable credits such as purchase discounts, rebates or
allowances, sales of publication or materials, or other income or refunds.
(6)Be fully documented.
S. OPERATING BUDGET
The Agency shall apply the funds received from the City under this Agreement in
accordance with the Budget Summary found in Exhibit A. No line-item expense
therein shall cause expenditure in excess of ten (10) percent or more of the budget
line-item amount over the life of the Agreement without the prior written consent of
the City. Any request for a line-item expense which exceeds ten (10) percent of
4
the budgeted amount shall specifically state the reasons for the requested increase
and a justification for the corresponding decrease in other line-item(s).
9. FUNDING ALTERNATIVESr FUTURE SUPPORTS AND LIMITED RELEASE
A. The City makes no commitment to future support and assumes no obligation for
future support of the activities contracted for herein, except as may be expressly
set forth in this Agreement.
B. Payment for the services provided herein is based on the expectation that future
revenues will be available to the City for such purposes. Should anticipated sources
of revenue not become available or become unavailable to the City for use in the
CDBG program, the City shall immediately notify the Agency in writing of such
unavailability and in that event, Agency fully releases City from any claims,
damages, or liability, related to lack of funding, the amount funded, or uncertainty
for that portion of the Agreement originally intended to be paid with such funds.
10. AMENDMENTS
Either party may request modifications in the scope of permissible activities, terms,
or conditions of this Agreement. Proposed modifications which are mutually agreed
upon shall be incorporated by a written amendment to this Agreement.
11. ASSIGNMENT AND SUBCONTRACTING
A. The Agency shall not assign any portion of this Agreement without the written
consent of the City, and it is further agreed that said consent must be sought by
the Agency not less than fifteen (15) days prior to the date of any proposed
assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement and proper bidding procedures to the extent herein.
The Agency agrees that it is as fully responsible to the City for the acts and
omissions of its subcontractors and their employees and agents, as it is for the acts
and omissions of its own employees and agents, as defined in paragraph Part I,
Section 12(B).
12. HOLD HARMLESS AND INDEMNIFICATION
A. The Agency agrees that it is financially responsible and liable to the City for any
audit exception or other financial loss to the City which occurs due to the Agency's
negligence or failure to comply with the terms of this Agreement.
B. The Agency further agrees to defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees, while acting within the scope of their
duties as such, harmless from and against all claims, demands, and causes of
action of any kind or character, including the cost of defense thereof, arising in
favor of any person(s), including Agency's employees or third parties on account of
personal injuries, death, or damage to property arising out of services performed or
omissions of services or in any way resulting from the acts or omissions of the
Agency and/or its agents, employees, volunteers, subcontractors, or
representatives under this Agreement.
5
13. PR03ECT CLOSE-OUT
The Agency acknowledges and agrees that the amounts set forth in the Exhibit(s)
shall be used only to reimburse the Agency for eligible costs incurred by the Agency
during the period set forth in said Exhibit(s) and that upon expiration of such
period, or upon earlier termination pursuant to this Agreement, the Agency shall
have no interest in any said amount which is not required to reimburse the Agency
for eligible costs incurred before such expiration or earlier termination.
14. INSURANCE
Agency shall maintain insurance in the types and amounts set forth in Exhibit E,
which is attached and incorporated by this reference.
15. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Agents - No officer, employee, or agent of the
City or Agency who exercises any functions or responsibilities in connection with the
planning and carrying out of the City CDBG program or the Agency's project, or any
other person who exercises any functions or responsibilities in connection with the
City's Parks, Recreation, and Community Services Department, shall have any
personal financial interest, direct or indirect, in the Agreement, and the City and
Agency shall take appropriate steps to assure compliance.
B. Interest of Subcontractor and Their Employees - The Agency agrees that it will
incorporate into every contract or subcontract, which is required to be in writing
and made pursuant to this Agreement, the following provisions:
The Contractor covenants that no person who presently
exercises any functions or responsibilities in connection with the
City CDBG program has any personal financial interest, direct or
indirect, in this Agreement. The Contractor further covenants
that he/she presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or
degree with the performance of his/her services hereunder. The
Contractor further covenants that in the performance of this
Agreement, no person having any conflict of interest shall be
employed. Any actual or potential conflict of interest on the
part of the Contractor or his/her employees must be disclosed to
the Agency and the City.
16. SUSPENSION AND TERMINATION OF AGREEMENT
A. Suspension for Failure to Perform - In the event of a failure to comply with any
terms or conditions of this Agreement or failure to provide in any manner the
activities or other performance as agreed to herein, the City reserves the right to
withhold all or any part of payment, suspend all or any part of the Agreement, or
prohibit the Agency from incurring additional obligations of funds until the City is
satisfied that corrective action has been taken or completed as more specifically
outlined in the Exhibit(s) to this Agreement. The option to withhold funds is, in
addition to and not in lieu of, the City's right to terminate the Agreement pursuant
to Paragraph (B) of this Section 16.
6
B. Termination of Agreement by City - This Agreement is subject to termination upon
thirty (30) days written notice by the City to the Agency in the event that:
(1)The Agency mismanages or makes improper or unlawful use of CDBG funds;
(2)The Agency fails to comply with any term or condition expressed herein or any
applicable federal, state, or local regulations or ordinances;
(3)CDBG funds no longer become available from the federal government or through
the City;
(4)The Agency fails to carry out activities required by this Agreement; or
(5)The Agency fails to submit reports or submits incomplete or inaccurate reports
in any material respect.
C. Termination of Agreement by the Agency- This Agreement is subject to termination
upon thirty (30) days written notice by the Agency to the City in the event that:
(1)The City fails in its commitment under this Agreement to provide funding for
services rendered, as herein provided; or
(2)CDBG funds no longer become available from the federal government or through
the City.
D. Unless otherwise terminated pursuant to Paragraphs (B) and (C) of this Section 16,
this Agreement shall terminate on the termination date specified on the Exhibit(s)
and shall be subject to extension only by mutual agreement and amendment in
accordance with Part I, Section 10 of this Agreement.
E. Upon termination of this Agreement, any unexpended balance of Agreement funds
shall remain in the City CDBG fund.
F. In the event termination occurs under Paragraph (B) of this Section 16, the Agency
shall return to the City all funds that were expended in violation of the terms of this
Agreement including, but not limited to, any unexpended CDBG funds distributed to
the Agency under this Agreement, any accounts receivable, or any assets or
interests therein of any type and in any form acquired, leased, or rehabilitated with
CDBG monies.
17. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a
recipient or client for any purpose not directly connected with the City's or the
Agency's responsibilities with respect to services provided under this Agreement is
prohibited, except upon written consent of the recipient or client, his/her attorney,
his/her responsible parent or guardian, or as otherwise provided by law.
PART II - FEDERAL STATE AND LOCAL PROGRAM REQUIREMENTS
1. NONDISCRIMINATION
A. General - The Agency shall comply with all federal, state, and local laws prohibiting
discrimination on the basis of age, sex, marital status, race, creed, religion, color,
national origin, or the presence of any sensory, mental, or physical handicap.
7
These requirements are specified in Chapter 49.60 RCW; Section 109 of the
Housing and Community Development Act of 1974, Pub. L. No. 93-383 as amended
and codified as 42 U.S.C. § 5309; Title VI of the Civil Rights Act of 1964, 42 U.S.C.
§§ 2000d, et seq.; Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §§ 3601, et
seq.; Executive Order 11063; Executive Order 11246, as amended by Executive
Orders 11375, 11478, 12086 and 12107; Section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C.§ 1701(u), and implementing regulations at 24
CFR § 135; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq.;
and the Age Discrimination Act of 1975, 42 U.S.C. § 6101, et seq. Specifically, the
Agency is prohibited from taking any discriminatory actions defined in the HUD
regulations at 24 C.F.R. § 570.602 and shall take such affirmative and corrective
actions as are required by the regulations at 24 C.F.R. § 570.602.
B. Specific Discriminatory Actions Prohibited:
(1)The Agency shall not, under any program or activity to which this Agreement
may apply, directly or through contractual or other arrangements, on the
grounds of age, sex, marital status, race, creed, religion, color, national origin,
or the presence of any sensory, mental, or physical handicap:
i. Deny any person facilities, services, financial aid, or other benefits provided
under the program or activity.
ii. Provide any person with facilities, services, financial aid, or other benefits
which are different, or are provided in a form different, from that provided to
others under the program or activity.
iii. Subject any person to segregated or separate treatment in any facility or in
any matter or process related to receipt of any service or benefit under the
program or activity.
iv. Restrict in any way access to or enjoyment of any advantage or privilege
enjoyed by others in connection with facilities, services, financial aid, or other
benefits under the program or activity.
v. Treat any person differently from others in determining whether the person
satisfies any admission, enrollment, eligibility, membership, or other
requirement or condition which individuals must meet in order to be provided
facilities, services, or other benefits provided under the program or activity.
vi. Deny any person any opportunity to participate in a program or activity as an
employee.
(2)The Agency shall not utilize criteria or methods of administration which have the
effect of subjecting individuals to unlawful discrimination on the basis of race,
color, national origin, sex, age, marital status, creed, religion, or presence of
any sensory, mental, or physical handicap, or which have the effect of defeating
or substantially impairing accomplishment of the objectives of the program or
activity by unlawfully discriminating against individuals of a particular race,
color, national origin, sex, age, marital status, creed, religion, or presence of
any sensory, mental, or physical handicap.
(3)The Agency, in determining the site or location of housing or facilities provided
in whole or in part with funds under this Agreement, may not make selections of
such site or location which have the effect of excluding individuals from, denying
8
them the benefits of, or subjecting them to unlawful discrimination on the
grounds of race, color, national origin, sex, age, marital status, creed, religion,
or presence of any sensory, mental, or physical handicap; or which have the
purpose or effect of defeating or substantially impairing the accomplishment of
the objectives of the Act or of HUD regulations.
C. Fair Housing - The Agency shall take necessary and appropriate actions to prevent
discrimination in federally-assisted housing and lending practices related to loans
insured or guaranteed by the federal government (The Fair Housing Act VII, 42
U.S.C. § 3601, et seq.; Executive Order 11063, 24 CFR § 108).
D. Employment :
(1)In all solicitations under this Agreement, the Agency shall state that all qualified
applicants will be considered for employment. The words "equal opportunity
employer" in advertisements shall constitute compliance with this section.
(2)The Agency shall not unlawfully discriminate against any employee or applicant
for employment in connection with the Agreement because of age, sex, marital
status, race, creed, religion, color, national origin, or the presence of any
sensory, mental, or physical handicap, except when there is a bona fide
occupational limitation. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training (Chapter 49.46 RCW, Executive Order
11246, as amended).
(3)To the greatest extent feasible, the Agency shall provide training and
employment opportunities for lower income residents within the area served by
CDBG assisted projects (Section 3, Housing and Urban Development Act of
1968, 12 U.S.C. § 1701u, as amended).
E. Contractors and Suppliers:
(1)No contractor, subcontractor, union, or vendor engaged in any activity under
this Agreement shall engage in any unlawful discrimination as defined in any
federal, state, or local law.
(2)AII firms and organizations, as required under applicable HUD regulations, shall
be required to submit to the Agency certificates of compliance demonstrating
that it has, in fact, complied with the immediately foregoing provision; provided,
that certificates of compliance shall not be required from firms and organizations
with fewer than 25 employees, with yearly sales of less than $10,000, or on
contracts less than $10,000.
(3)To the greatest extent feasible, the Agency shall purchase supplies and services
for activities under this Agreement from vendors and contractors whose
businesses are located in the area served by CDBG-funded activities or owned in
substantial part by project area residents (Section 3, Housing and Urban
Development Act of 1968, 12 U.S.C. § 1701u, as amended).
(4)CDBG funds shall not be used directly or indirectly to employ, award contracts
to, or otherwise engage the services of, or fund any contractor or sub-recipient
during any period of debarment, suspension, or placement in ineligibility status
under the provisions of 24 CFR § 24.
9
F. Notice:
(1)The Agency shall include the provisions of the appropriate subsections A, B, C,
D, and E of this Part II, Section 1 in every contract or purchase order for goods
and services under this Agreement, and shall send to each labor union or
representative of workers with which it has a collective bargaining agreement or
other contract or understanding, a notice advising the said labor union or
worker's representative of the commitments made in these subsections.
(2)In advertising for employees, goods, or services for the activities under this
Agreement, the Agency shall utilize minority publications in addition to
publications of general circulation.
2. SECTION 504 AND AMERICANS WITH DISABILITIES ACT
If the Agency is a nonprofit corporation, the Agency warrants and represents that it
has completed a Disability Self-Evaluation Questionnaire for all programs and
services offered by the Agency (including any services not subject to this
Agreement) and has evaluated its services, programs, and employment practices
for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794,
as amended ("504") and the Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101, et seq., ("ADA"). The Agency warrants and represents that it has
completed a 504/ADA Disability Assurance of Compliance, which is attached as
Exhibit H and incorporated by this reference, and shall submit it to the City.
3. PROCUREMENT STANDARDS
In awarding contracts pursuant to this Agreement, the Agency shall comply with all
applicable requirements of local and state law for awarding contracts, including but
not limited to procedures for competitive bidding, contractor's bonds, and retained
percentages (Ch. 60.28 RCW, Ch. 39.12 RCW, and Ch. 39.04 RCW). In addition,
the Agency shall comply with the requirements of the U.S. Office of Management
and Budget ("OMB") Circular A-110, Attachment O, relating to "Procurement
Standards," and with Executive Order 11246 regarding nondiscrimination in bid
conditions for projects over $10,000. Where federal standards differ from local or
state standards, the stricter standards shall apply.
4. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES - 24 CFR §§ 570.502
and 570.610.
All nonprofit Agencies shall comply with the policies, guidelines, and requirements
of OMB Circular Nos. A-133 "Audits of Institutions of Higher Education and Other
Non-Profit Institutions," A-122 "Cost Principles for Non-Profit Organizations," and
A-110 including: (1) Attachment A, "Cash Depositories," except for Paragraph 4
concerning deposit insurance; (2) Attachment B, "Bonding and Insurance"; (3)
Attachment C, "Retention and Custodial Requirements for Records"; (4) Attachment
F. "Standards for Financial Management Systems"; (5) Attachment H, "Monitoring
and Reporting Program Performance," Paragraph 2; (6) Attachment N, "Property
Management Standards," except for Paragraph 3 concerning the standards for real
property as it applies to federal agencies only and except that paragraphs 6 and 8
are modified so that the disposition of personal property is allowed only under the
10
guidance and approval of the City; and (7) Attachment O, "Procurement
Standards."
S. DATA UNIVERSAL NUMBERING SYSTEM
Pursuant to 2 C.F.R. §25.100(a), the City is required to establish a Dun and
Bradstreet (D & B) Data Universal Numbering System (DUNS) as a universal
identifier in order to receive federal financial assistance. In addition, programs or
subrecipients receiving subawards from the City shall establish a DUNS. 2 C.F.R. §
25.200(c)(1). The Agency shall provide its DUNS to the City.
6. PROGRAM INCOME - 24 CFR § 570.504.
A. All income directly generated from the use of CDBG funds, as defined in 24 CFR §
570.500(a), is Program Income and shall be recorded, reported, and treated as
funds subject to all the requirements of this Agreement.
B. Unless otherwise specifically provided by the special conditions herein, Program
Income received during the term of this Agreement may be retained and used by
the Agency to extend the service or other activity for which the CDBG funds are
provided, subject to the regulations of 24 CFR § 570.01, et seq., and all the same
terms and conditions of this Agreement. Any retained Program Income shall be
disbursed to pay for eligible expenses under this Agreement before additional funds
are requisitioned from the City.
C. Any Program Income not permitted to be retained for eligible activities as defined
above, shall be refunded to the City, together with any interest earned thereon, at
quarterly intervals.
D. Program Income on hand at the end of the term of this Agreement shall, unless
otherwise provided, be used for activities envisioned under this Agreement until it is
expended. Program Income generated from the use of CDBG funds under this
Agreement but received after the term of this Agreement shall, unless otherwise
provided, be governed by any succeeding CDBG funding agreement or, if there is
no succeeding agreement, shall be used for activities eligible under 24 CFR §
570.504(c) until it is expended.
E. Rules on Program Income are established in the CDBG regulations (24 CFR §
570.504); OMB Circular No. A-122, Cost Principles for Nonprofit Organizations; and
OMB Circular A-110, attachment D, Program Income. Separate instructions for
Program Income dealing with the proceeds from the sale of personal property are
set forth in Attachment N to OMB, Circular No. A-110, Property Management
Standards.
7. PUBLIC INFORMATION
A. In all news releases and other public notices related to projects funded under this
Agreement, the Agency shall include information identifying the source of funds as
the City of Kent CDBG program.
B. The Agency acknowledges that this Agreement and any other information provided
by it to the City and/or relevant to the project(s) described in the Exhibit(s), are
subject to the Washington State Public Disclosure Act, Chapter 42.56 RCW, except
to the extent specifically exempted from disclosure therein.
' 11
S. OTHER FEDERAL AND STATE REQUIREMENTS
The absence of mention in this Agreement of any other federal or state
requirements, which apply to the award and expenditure of federal funds made
available by this Agreement, is not intended to indicate that those federal or state
requirements are not applicable to Agency activities. The Agency shall comply with
all other federal and state requirements relating to the expenditure of federal funds,
including but not limited to the Hatch Act (5 U.S.C. § 15) regarding political
activities and the Architectural Barrier Act of 1968 (42 U.S.C. § 4151, et seq.).
9. LOCAL REQUIREMENTS
The activities performed under this Agreement are for the purposes of serving City
residents and the Agency shall, to the extent reasonably possible, not use said
funds to provide services outside the corporate boundary of the City, or for any
other purpose, except as specifically authorized by this Agreement.
Public service programs must comply with sections 9 and 10:
10. NON-SUBSTITUTION FOR LOCAL FUNDING
The CDBG funding made available under this Agreement shall not be utilized by the
Agency to reduce substantially the amount of local financial support for community
development activities below the level of such support prior to the availability of
funds under this Agreement.
11. FAITH-BASED ACTIVITIES - 24 CFR § 570.200(j).
A. Organizations that are religious or faith-based are eligible, on the same basis as
any other organization, to participate in the CDBG program. Neither the Federal
government nor a State or local government receiving funds under CDBG programs
shall discriminate against an organization on the basis of the organization's
religious character or affiliation.
B. Organizations that are directly funded under the CDBG program may not engage in
inherently religious activities, such as worship, religious instruction, or proselytism,
as part of the programs or services funded under this part. If an organization
conducts such activities, the activities must be offered separately, in time or
location, from the programs or services funded under this part, and participation
must be voluntary for the beneficiaries of the HUD-funded programs or services.
C. A religious organization that participates in the CDBG program will retain its
independence from Federal, State, and local governments, and may continue to
carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytism.
Among other things, faith-based organizations may use space in their facilities to
provide CDBG-funded services, without removing religious art, icons, scriptures, or
other religious symbols. In addition, a CDBG-funded religious organization retains
its authority over its internal governance, and it may retain religious terms in its
organization's name, select its board members on a religious basis, and include
religious references in its organization's mission statements and other governing
documents.
12
D. An organization that participates in the CDBG program shall not, in providing
program assistance, discriminate against a program beneficiary or prospective
program beneficiary on the basis of religion or religious belief.
E. CDBG funds may not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. CDBG funds may be used for the acquisition, construction, or
rehabilitation of structures only to the extent that those structures are used for
conducting eligible activities under this part. Where a structure is used for both
eligible and inherently religious activities, CDBG funds may not exceed the cost of
those portions of the acquisition, construction, or rehabilitation that are attributable
to eligible activities in accordance with the cost accounting requirements applicable
to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-
funded religious congregation uses as its principal place of worship, however, are
ineligible for CDBG-funded improvements. Disposition of real property after the
term of the grant, or any change in use of the property during the term of the
grant, is subject to government-wide regulations governing real property
disposition (see 24 CFR 84 and 85).
F. If the City voluntarily contributes its own funds to supplement the federally funded
activity, the City has the option to segregate the Federal funds or commingle them.
However, if the funds are commingled, this section applies to all of the commingled
funds.
Acauisition or improvement of real property projects must comply with sections
11 through IS:
12. ACCESSIBILITY
Any buildings or other facilities designed, constructed, or altered with federal funds
pursuant to this Agreement are subject to the requirements of the Architectural
Barriers Act of 1968 (42 U.S.C. § 4151, et seq.) and shall comply with the Uniform
Federal Accessibility Standards (Appendix A to 24 CFR § 40.1, et seq. for residential
structures, and Appendix A to 41 CFR § 101-19, et seq. for general type buildings).
When applicable, certain multifamily housing units designed and constructed for
first occupancy after March 13, 1991, with assistance provided under this
Agreement, must comply with the Fair Housing Accessibility Guidelines, 24 CFR §
100.1, et seq., as amended.
13. ENVIRONMENTAL REVIEW
A. National Environmental Policy Act - The City retains environmental review
responsibility for purposes of fulfilling requirements of the National Environmental
Policy Act as implemented by HUD Environmental Review Procedures (24 CFR §
58.1, et seq.). The City may require the Agency to furnish data, information, and
assistance for the City's review and assessment in determining whether an
Environmental Impact Statement must be prepared. The Agency shall be solely
responsible for the cost of compliance with all such federal laws and authorities
including the cost of preparing plans, studies, reports, and the publication of notices
that may be required.
B. Other Federal Environmental Laws -
13
(1)Historic Preservation - Activities affecting property listed in or found to be
eligible for inclusion in the National Register of Historic Places will be subject to
requirements set forth in HUD Environmental Review Procedures at 24 CFR §
58.1, et seq. The Agency shall meet the historic preservation requirements of
Pub. L. No. 89-665 (16 U.S.C. § 470(i)), and the Archaeological and Historic
Preservation Act of 1974, Pub. L. No. 93-291 (16 U.S.C. § 469a-1), and
Executive Order 11593, including the procedures prescribed by the Advisory
Council on Historic Preservation in the regulations at 36 CFR § 801, et seq.
(2)Arch itectura I Barriers - Any facility constructed pursuant to this Agreement shall
comply with design requirements of the Architectural Barriers Act of 1968 (42
U.S.C. §§ 4151, et seq.), and the Uniform Federal Accessibility Standards (US
Government Printing Office, 1985-494-187).
(3)National Flood Insurance - When applicable, the use of CDBG funds for
acquisition or construction purposes in identified special flood hazard areas shall
be subject to Agency mandatory purchase of flood insurance as required by
Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. No. 93-237,
42 U.S.C. § 2414 and 42 U.S.C. §§ 4001-4128).
(4)Lead-Based Paint — Whenever funds under this Agreement are used directly or
indirectly for construction, rehabilitation, or modernization of residential
structures, the Agency shall comply, at its sole expense, with the HUD Lead-
Based Paint regulations (24 CFR § 35) issued pursuant to the Lead-Based Paint
Poisoning Prevention Act, as amended (42 U.S.C. §§ 4801, et seq.) and the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851,
et seq.), with regard to lead-based paint, and with any and all applicable
federal, state, and local laws, regulations, or standards hereafter enacted or
issued with regard to lead-based paint. Without limiting the foregoing, the
Agency shall remove or cover, prior to the date for completion of the work
funded hereunder and in compliance with all applicable, laws, regulations, and in
conformity with guidelines issued by HUD, all lead-based paint with lead content
above the threshold established by HUD on surfaces affected by the work funded
under this Agreement. The Agency shall defend, indemnify, and hold harmless
the City from any liability, loss, damage, or expense, including costs and
attorneys' fees, relating in any way to lead-based paint at the property or the
abatement or disposal thereof. This provision shall survive expiration and
satisfaction of this Agreement, whether by payment, forgiveness, foreclosure, or
otherwise.
(5)Other - Clean Air Act as amended, 42 U.S.C. § 7401, et seq.; Water Pollution
Control Act, 33 U.S.C. §§ 1367, et seq., as amended; Environmental Protection
Agency regulations, 40 CFR §§ 1.1, et seq.
C. State Environmental Policy Act - Agencies which are branches of government under
RCW 43.21C.030 retain responsibility for fulfilling the requirements of the State
Environmental Policy Act, Chapter 43.21C RCW and the regulations and ordinances
adopted there under. If the Agency is not a branch of government under RCW
43.21C.030, the City may require the Agency to furnish data, information, and
assistance, as necessary, to enable the City to comply with the State Environmental
Policy Act.
D. Satisfaction of Environmental Requirements
14
(1) Limitations on Activities Pending Clearance - Per 24 CFR § 58.22(a). The
Agency shall not commit assistance under this Agreement until HUD has approved
the City's Request for Release of Funds (RROF) and the related certification from
the City. In addition, until the RROF has been approved by HUD, neither the City
nor the Agency may commit non-HUD funds on or undertake an activity or project
under a program listed in § 58.1(b) if the activity or project would have an adverse
environmental impact or limit the choice of reasonable alternatives. Provided;
however, that an option agreement, self-Help Homeownership Opportunity Program
funds, and relocation assistance may be excluded from the limitation above per 24
CFR § 58.22(d), (e) and (f) respectively.
(2) Notice to Proceed - Project execution under this Agreement, by either the City
or the Agency, shall not proceed until satisfaction of all applicable requirements of
the national and state environmental policy acts. A written notice to proceed will
not be issued by the City until all such requirements are complied with.
14. LABOR STANDARDS - 24 CFR § 570.603
A. The Agency shall require that project construction contractors and subcontractors
pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon
Act, as amended (40 U.S.C. §§ 3141 and 3142), and that they comply with the
Copeland Act (18 U.S.C. § 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 3701, et seg.); provided that this section shall not
apply to rehabilitation of residential property only if such property contains not less
than eight (8) units. In addition to complying with these federal labor standards,
the Agency shall further require that all project construction contractors comply
with all applicable state and local public works bidding and contracting regulations,
specifically including, without limitation, the prevailing wage provisions set forth in
Ch. 39.12 RCW and all regulations adopted by the State of Washington Department
of Labor and Industries. The Washington State Prevailing Wage - King County
Determination is attached and incorporated as Exhibit I.
B. The Agency shall require that project construction contractors and subcontractors
comply with Federal Labor Standards Provisions (HUD form 4010) and the Davis-
Bacon wage determinations (attached as Exhibits J and K, respectively if
applicable). For construction contracts, a copy of the Federal Labor Standards
Provisions (HUD form 4010) and the current Davis-Bacon wage determinations
must be included in all construction bid specs and/or contracts over $2,000.
15. VOLUNTEERS 24 CFR § 70
If the Agency or the Contractor/Subcontractor uses volunteers to perform services
on a federally-assisted construction project, it shall ensure that work is performed
without promise, expectation or receipt of compensation for services rendered.
Volunteer files shall include: (1) the name and address of the agency sponsoring
the project; (2) a description of the project; and (3) the number of volunteers and
the hours donated to the project.
16. ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Agreement shall
comply with the Federal Uniform Relocation Assistance and Real Property
15
Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601, et seq. (hereinafter the
"Uniform Act" and the government-wide regulations applicable to all federally-
assisted projects, effective April 2, 1989, at 49 CFR §§ 34.1, et seq.
B. Implementation of any project provided for in this Agreement will be undertaken so
as to minimize involuntary displacement of persons, businesses, nonprofit
organizations, or farms to the greatest extent feasible.
C. Any displacement of persons, businesses, nonprofit organizations, or farms
occurring as the result of acquisition of real property assisted under this Agreement
shall comply with the Uniform Act, and the regulations at 49 CFR §§ 24.1, et seq.,
required by federal CDBG regulations at 24 CFR § 570.606. The Agency shall
comply with the regulations pertaining to costs of relocation and written policies, as
specified by the City of Kent's Displacement Policy.
17. PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the
State of Washington, it may become necessary to grant the City a property interest
where the subject project calls for the acquisition, construction, reconstruction,
rehabilitation, or installation of publicly-owned facilities and improvements.
18. REVERSION OF ASSETS - 24 CFR § 570.505.
Any real property under the Agency's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 must be either:
A. Used to meet one of the national objectives set forth in 24 CFR § 570.208 of the
CDBG regulations until five (5) years after expiration of the Agreement, or such
longer period of time as determined by the City. For Acquisition or improvement of
real property projects, the Agency and the City shall execute a Community Facility
Covenant Agreement.
B. Disposed of in a manner that results in the City being reimbursed in the amount of
the current fair market value of the property, less any portion attributable to
expenditures of non-CDBG funds for acquisition of, and improvements to, the
property. Such reimbursement is not required after the period of time specified in
Paragraph (A) above.
19. PROPERTY MANAGEMENT STANDARDS
A. The Agency shall meet the following procedural requirements for all property
acquired in whole or in part with CDBG funds:
(1)Property records shall be maintained accurately and provide for a description of
the property; manufacturer's serial number or other identification number;
acquisition date and cost; source of the property; percentage of CDBG funds
used in the purchase of property; and location, use, and condition of the
property.
(2)A physical inventory of property taken and the results of that inventory are
reconciled with the property records at least once every two (2) years to verify
the existence, current utilization, and continued need for the property.
16
(3)A control system shall be in effect to ensure adequate safeguards to prevent
loss, damage, or theft of the property which shall be investigated and fully
documented.
B. The disposition of real property acquired in whole or in part with CDBG funds shall
be at no less than its current appraised fair market value (or for a lease, at the
current market value), except that such property may be disposed of for a lesser
value, including by donation, if the disposition at the lesser value is for a use which
qualifies under one of the criteria set forth in 24 CFR § 570.208 for meeting the
national objectives and is permissible under state and local law. Where the
disposition is for a lesser value, the recipient shall maintain documentation that the
use meets one of the national objectives pursuant to 24 CFR § 570.208.
20. ADDITIONAL LOCAL REQUIREMENTS
A. Mortgage or Leasehold Agreement - In acquisition, rehabilitation, and construction
projects, the City shall enter into a deed of trust or leasehold agreement with the
Agency to secure and protect the City's and the public's interest in the property.
B. Adequate Value - In acquisition projects, the City shall require evidence through a
property appraisal, title search, or other means to ensure that there is adequate
value so as to secure the City's financial interest.
C. City Ordinance Codes and Regulations - In acquisition and construction projects,
the Agency shall comply with all applicable City ordinances, codes, and regulations.
D. Additional Public Information - For all construction projects, the Agency shall erect
a sign to City specifications at the construction site, which identifies the source of
funds, except that this requirement may be waived for construction projects of
$5,000 or less.
PART III - MONITORING & REPORTING REQUIREMENTS
1. MONITORING
Agency understands and agrees that it will be monitored by the City and HUD from
time to time to assure compliance with all terms and conditions of this Agreement
and all applicable local, state, and federal laws, regulations, and promulgated
policies. Monitoring by the City under this Agreement shall include, but not be
limited to: (1) on-site inspections by City staff, (2) quarterly performance reviews,
and (3) an annual evaluation.
2. PROGRAM REPORTING
A. For public service programs - A Billing Voucher and Service Report shall be
submitted at least quarterly, even if no reimbursement is requested. The
report is due on in accordance with the schedule listed in Exhibit A. If the due date
falls on a Saturday or Sunday, the Billing Voucher and Service Report is due on the
prior Friday. If the due date falls on a City holiday, the Billing Voucher and Service
Report is due the next working day following the holiday. The report shall detail
information on service units or steps/milestones accomplished during the
months/quarters as outlined in Exhibit A. The Final Service Report Form is provided
17
by the City and is attached as Exhibit D-1 to this Agreement; it is also due in
accordance with the schedule listed in Exhibit A.
B. For acquisition or improvement of real property projects - Projects qualifying to
meet the national objective to serve low- and moderate-income persons (under Part
I, Section 3) shall submit a demographic report providing income, race, and head of
household information for the beneficiaries of the CDBG Project, which shall cover a
one year period extending back from the date of the report. If the facility is and
remains occupied during the project, this report is due thirty (30) days after the
date the project was closed. If the facility is first occupied or reoccupied after the
close of the project, the report is due one year from the date of the last project
closing.
3. FISCAL REPORTING RESPONSIBILITIES
The Agency shall provide fiscal statements or reports as may be required from time
to time by the City, which statements or reports, or both, must indicate the status
of all accounts and funds being used to perform under this Agreement. The Agency
shall maintain proper documentation and records of all expenditures incurred
pursuant to the terms of this Agreement in a manner as will facilitate auditing by
either HUD or the City.
4. AUDITS
A. If the Agency is a nonprofit corporation and expends a total of $500,000 or more in
federal financial assistance and has received federal financial assistance from the
City during its fiscal year, it shall have an independent audit conducted of its
financial statement and conditions, which shall comply with the requirements of
generally accepted auditing standards (GAAS); General Accounting Office (GAO's)
Standards for Audits of Governmental Organizations, Programs, Activities, and
Functions; and OMB Circular A-133, as amended, and as applicable.
The Agency shall provide a copy of the audit report no later than thirty (30) days
after the audit's completion or six (6) months subsequent to the end of the
Agency's fiscal year, whichever date is sooner. The Agency shall provide to the City
its response and corrective action plan for all findings and reportable conditions
contained in its audit. When reference is made in its audit to a "Management
Letter" or other correspondence made by the auditor, the Agency shall provide
copies of those communications and the Agency's response and corrective actions
plan.
B. The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG program
is 14.218.
PART IV - RECORDKEEPING REQUIREMENTS
1. PROGRAM RECORDS AND INSPECTIONS
The Agency shall make, maintain, and preserve books and records, of whatever
form, detailing all CDBG-related expenditures and costs incurred by the Agency. All
such books and records shall be made available to representatives of the City or
HUD, or both, for formal inspection and, where necessary, copying. Intentional
18
noncompliance with this provision shall constitute a material breach of this
Agreement.
Throughout the term of this Agreement, the Agency shall establish and maintain
current the records described in this Section. These records shall conform to the
requirements and specifications of their individual source authorities, which are
cited herein. Be advised that the listing in this Section is intended only to assist the
Agency in identifying the required records and their respective authorities, and is
not all inclusive.
A. Time for Retention of Records - Except where otherwise specifically provided, all
records as of the end of the term of this Agreement shall be kept in an accessible
file for four (4) years thereafter (24 CFR § 570.502(b)(3)(ix)). Exceptions to the
four (4) year retention period are as follows: (1) Records that are the subject of
litigation, claim, or audit findings shall be retained for ten (10) years after the date
all issues have been resolved and final action taken; and (2) Records for real
property and equipment shall be retained for three (3) years after its final
disposition, with the retention period starting from the date of the disposition,
replacement, or transfer at the direction of the City (24 CFR § 570.84(b)).
B. Contract and Amendments - A complete copy of this Agreement and all
amendments thereto and notices there under.
C. Records of City Approvals - Copies of all requests for amendments or revisions to
this Agreement and the City's subsequent approval or denial of such requests as
are required under this Agreement.
D. Subcontracts and Agreements - Complete copies of all contracts, subcontracts, and
agreements with third parties into which the Agency enters in the performance
under this Agreement; and all correspondence, reports, and other documentation
pertaining to such contracts, subcontracts, and agreements.
E. Records identifying the assisted activity - A complete description of each activity
assisted, in whole or in part, with CDBG funds under this Agreement, including:
(1)Location(s), organization, operating hours, qualifications for service or
participation, etc.;
(2)Fees or charges for services, fee waivers, or fee scales for CDBG-assisted
participants.
F. Additional Contract Requirements - The Agency shall submit to the City a copy of
the most recent independent financial audit and a current list of the Agency's board
of directors.
2. PROGRAM BENEFIT RECORDS - 24 CFR § 570.506(b).
As applicable, the following categories of records shall be maintained, for the
discrete activities which are assisted in whole or in part with funding under this
Agreement (or for all the Agency's activities if funding under this Agreement is not
specifically allocated to particular activities) for the purpose of documenting that a
majority of the beneficiaries are persons of low- or moderate-income.
A. Records specifying by dollar amount, family size, and household income limits used
to determine income level;
19
B. For service activities serving individual clients without regard to their residence
location within the City/County, records documenting: (a) manner in which each
client's income is determined in all cases; (b) determination that each individual
client's income is or is not within low- or moderate-income limits; (c) date
determination was made; and (d) tabulation of the individual determinations.
C. For a service or facility which exclusively serves a class of beneficiaries, the
members of which are presumed to be low- or moderate-income eligible absent
general evidence to the contrary (abused children, battered spouses, senior
citizens, adults meeting the Bureau of the Census' Current Population Reports
definition of "severely disabled," homeless persons, illiterate persons, persons living
with AIDS and migrant farm workers), records documenting: (1) that the facility
exclusively serves the eligible class; and (2) there is no generally available data
indicating specific population served is not predominantly low- or moderate-income.
D. For a service or facility which offers benefits uniformly without regard to income to
all persons residing within a delineated area, records establishing: (1) boundaries
of the service area; (2) the income characteristics of families and unrelated
individuals in the service area; and (3) if the percent of low- and moderate-income
persons in the service area is less than fifty-one (51) percent, data showing that
the area qualifies under the exception criteria set forth at 24 CFR §
570.208(a)(1)(ii).
3. FINANCIAL RECORDS
Agency shall maintain all accounting records that accurately record the source and
application of all funds; and recording funds received under this Agreement, all other
receipts, assets, authorizations and appropriations, obligations, disbursements and
unobligated balances (OMB Circular A-133 and A-110, Attachment F). The records
must:
A. Permit comparison of actual outlays with budgeted amounts;
B. Permit reporting of financial data on the accrual basis;
C. Be supported by source documentation;
D. Be independently audited usually annually, but not less frequently than every two
years.
4. RECORDS OF PROGRAM OPERATIONSf MANAGEMENT AND EVALUATION
Agency shall maintain all records of:
A. Operating policies and procedures;
B. Employee qualifications, training, and evaluation;
C. Principal operations data: work units completed; clients served, classified by client
and service characteristics; staff hours utilized; etc.
D. Self-evaluation of services, programs. and employment practices for compliance
with 504 and ADA requirements.
20
5. PROPERTY RECORDS
Agency shall maintain all records identifying any real and personal property acquired or
improved in whole or in part with funds under this Agreement (OMB Circular A-110) as
follows:
A. Itemized inventory of real property recording legal and common descriptions and
address, date of acquisition and/or improvements, cost of acquisition and/or
improvements, and CDBG-funded share of cost;
B. Itemized inventory of all non-expendable personal property recording full
identification, current location, date and cost of acquisition, and CDBG-funded share
of cost;
C. Complete records of any authorized disposition of real or non-expendable personal
property including how and to whom disposed, date, amount of disposition
proceeds, market value at time of disposition and how determined, intended use,
and any conditions governing use following disposition;
D. At the termination of this Agreement, a record of the total purchase cost of all
remaining unused expendable personal property.
6. PROCUREMENT RECORDS - OMB Circular A-110
Agency shall maintain all records of:
A. Agency's adopted code of conduct governing officers' and employees' actions in
contracting and purchasing;
B. Agency's standard operating procedures for authorizing and executing purchases
and contract procurements of various sizes and types.
C. Agency's individual purchases or contracts over $10,000 as required by the OMB
Circular A-110.
D. Agency's procurement procedures utilized and the bases for supplier
selection/contract award, for individual purchases or contracts over $10,000.
7. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS - 24 CFR § 570.506(g).
Agency shall maintain:
A. A recordation and tabulation of the racial classification of all individual persons or
households receiving program benefits, and of whether these benefited persons are
single head of household.
B. A tabulation of all Agency employees classified by race, position, and salary in the
format of the U.S. Equal Employment Opportunity Commission Form EEO-4.
C. Data identical to that required under A. and B. above for any subcontractor or
agent employed in the performance under this Agreement.
D. Documentation of all substantive actions taken to assure that no prohibited
discrimination occurs in the conduct of any of the Agency's operations.
E. Documentation of all actions taken to make minority residents aware of the
Agency's services and provide them with equal access to benefits.
21
F. Record of the racial classification and gender of the majority owners of each private
for-profit business with which the Agency contracts with any funds provided under
this Agreement.
S. CONFLICT OF INTEREST
A. Records documenting that all Agency board members, officers, employees and
consultants have been informed of the conflict of interest provisions of 24 CFR §
570.611 and have acknowledged understanding those provisions.
B. Complete records of all requests for exceptions submitted under 24 CFR §
570.611(d).
9. VERIFICATION OF SUBCONTRACTOR'S ELIGIBILITY - 24 CFR § 5.
The Agency shall maintain records documenting that the Agency, all subcontractors,
and consultants have been determined not to be currently debarred, suspended,
denied participation or declared ineligible to participate in federal government
funded programs. Verification of eligibility shall be accomplished by signing the
Certification Regarding Debarment and Suspension, which is attached and
incorporated as Exhibit F.
10. ADDITIONAL REQUIREMENTS FOR ACQUISITION OR IMPROVEMENT OF REAL PROPERTY
PROJECTS
A. For construction contracts over $100,000, records documenting compliance with
the bonding requirements of 24 CFR § 85.36 (h).
B. Flood Insurance, Flood Disaster Protection Act of 1973; and Federal Insurance
Administration Notice in Federal Register Vol. 24, No. 133, July 13, 1989.
(1)Record of determination whether the assisted project is located within a
designated flood plain or flood hazard area.
(2)If the project is within such area: (1) Evidence of current participation in the
National Flood Insurance Program; and (2) Evidence of flood insurance coverage
in force on all significant project structures.
C. Lead-Based Paint - Records required to document compliance with the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§ 4801, et seq.), as amended and the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851, et
seq.), and the implementing regulations 24 CFR § 35.
D. Labor Standards - Records required to document compliance with all requirements
of Davis-Bacon and Related Acts (40 U.S.C. §§ 3141 and 3142); Contract Work
Hours and Safety Standards Act (40 U.S.C. § 3701, et seq.); Copeland Act (18
U.S.C. § 874); US Secretary of Labor Regulations (29 CFR §§ 3, 5, 6, and 7).
E. Real Property Acquisition and Relocation - Records required to document
compliance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, 42 U.S.C. §§ 4601, et seq., as amended; and the
implementing regulations 49 CFR § 24. The agency shall consult the City for
complete instruction prior to undertaking any action which may result in
displacement of persons as defined at 49 CFR § 24.2(g).
22
F. Miscellaneous Records - The Agency shall maintain such other records as may be
required by HUD or the City.
23
KENT YOUTH AND FAMILY SERVICES: CITY OF KENT:
Sign in blue or black ink only
Print Name: Michael Heinisch int am : Suzette Cooke
Title: Executive Qirec or e: Ma or
DATE: 1 oz Ai DATE: /a
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
KENT YOUTH AND FAMILY SERVICES: CITY OF KENT:
Laurie Peterson, Teen Parent Program Manger Dinah Wilson, CDBG Coordinator
Kent Youth and Family Services City of Kent
232 Second Avenue South, Suite 201 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
253.859.0300 X3074
Fax: 253.856.6050 Phone: 253.856.5076
Fax: 253.856.6070
APPRO ED AS TO FORM:
liW��
Kent Law Department
24
EXHIBIT A
2012 CDBG PROJECT SCOPE OF SERVICES
KENT YOUTH AND FAMILY SERVICES
Project No.: BG1219 Start Date: 9/17/12-
Pro'ect Title: Watson Manor East Wall Construction End Date: 12/31/12
Project Manager: Laurie Peterson
-Telephone: 253.839.0300, Ext. 3074 Fax: 253.373.9441 E-mail: lauriep@kyfs.org
CDBG Coordinator/City Contact: Dinah Wilson
Telephone: (253) 856.5076 Fax: (253)856.6070 E-mail: drwilson@ci.kent.wa.us
Kent Youth and Family Services (hereinafter referred to as "the Agency")
shall utilize City of Kent Community Development Block Grant funds to perform the
activities specified below. Such services shall be provided in a manner which fully
complies with all applicable federal, state and local laws, statutes, rules and
regulations, as are now in effect or may be hereafter amended.
1) Project Summary
Kent Youth and Family Services shall use CDBG funds to do wall replacement work
at Watson Manor, a transitional housing facility in Kent, WA. Work shall include
general construction, along with replacement of an exterior wall, sheathing and
interior gypsum board and associated accessories, and mechanical and electrical
work. Work-includes demolition of the existing exterior lower wall at east elevation
including sheathing and gypsum wall board; framing modifications to accommodate
the new exterior wall; cutting and patching of gypsum board; and the addition of
new concrete wall and footing.
2) Project Budget
The Agency shall apply the following funds to the pro3ect in accordance with the
Line Item Budget Summary below:
A. City of Kent Funds
City of Kent Community Development $23,010.00
Block Grant -
Total City of Kent Funds: $23,010.00
KYFS-WM CDBG Capital Project Scope of Services - Page 1
B. Line Item Budget
Construction Contracts $ 16,041.00
Consultant or Purchased Services $ 5,540.00
Administrative Costs $ 1,151.00
Environmental Review $ 300.00
Covenant Agreement Court Filing Costs $ 68.00
Other (specify) $
Total Cit of Kent Funds: $ 23,010.00
3) Project Schedule-Notice to Proceed
Work on this project shall not occur without prior written approval from the City.
The City shall furnish the Agency with a written Notice to Proceed and work may
occur only after such notice is sent. Costs incurred prior to the date written Notice
to Proceed was given will not be reimbursed and could jeopardize the project.
The agency shall implement the project in accordance with the following schedule:
Task Projected Completion Date
Design Begun July 27, 2011
Design Complete May 29, 2012
Bid Specs Submitted to City March, 14, 2012
Bid Opening June 19, 2012
Bid Award Au ust 7, 2012
Preconstruction Conference September 14, 2012
NEPA Complete Aril 30, 2012 (updated)
Construction 30% Compete October 15, 2012
Construction 5011/o Compete October 22, 2012
Construction 75% Compete October 29, 2012
Construction Complete November 5, 2012
Release Retains e November 30, 2012
4) Records
A. Project Files
The Agency shall maintain files for this project containing the following items (all
KYFS files must contain items 1-7, however items 8-12 are required only if
the costs are paid for by the CDBG budget. If client are not presumed
eligible; e.g., homeless, #17 client income must be documented):
1. Notice of Grant Award.
2. Motions, resolutions, or minutes documenting Board or Council actions.
3. A copy of the CDBG Agreement, Exhibits, and the City's Notice to
Proceed on this project.
4. A copy of construction contracts.
5. Correspondence regarding budget revision requests.
KYFS-WM CDBG Capital Project Scope of Services - Page 2
6. Copies of all invoices and reports submitted to the City for this project.
7. Bills for payment.
8. Copies of approved invoices and warrants.
9. Payroll time sheets for actual salary and fringe benefit costs. Time
sheets must be signed by a supervisor and annotated to document
percent of time charged against this project if less than full time.
10. Documentation of office costs (e.g,, log sheets of copy machine use,
postage, telephone use, costs of office supplies, etc.) when these costs
are shared with other programs and no invoice is available. As an
alternative, annotated invoices may be used to document charges as
appropriate.
11. Documentation of mileage charges for private auto use must include: a)
odometer reading at beginning and end of trip, b) destination and
starting location, and c) purpose for trip.
12. Documentation of the solicitation process used to select vendors and
subcontractors with original purchase orders and subcontracts.
13. Copy of the prime contractor's Certification Regarding Debarment and
Suspension. In addition, the Agency shall conduct an online search
confirming the prime contractor's eligibility via the Excluded Parties List
System (EPLS) at the following website: http://epis.arnet.gov . A copy
of the search results shall be maintained in the Agency contract file.
14. If a subcontractor is used on a construction project, the Agency shall
ensure that the prime contractor has a method to determine that the
subcontractor has not been debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal debarment or agency. The Agency shall
inform the prime contractor that the subcontractor's eligibility may be
confirmed via the Internet at the following website:
http://epis.arnet.gov . If eligibility is verified via the Internet, the
Agency shall ensure that the prime contractor maintains a copy of the
search results in the prime contractor's file.
15. Documentation of Volunteer donating services on the project. Volunteer
files shall include: (1) the name and address of the agency sponsoring
the project; (2) a description of the project; and (3) the number of
volunteers and the hours donated to the project.
16. Documentation required by Part IV, Paragraph 5, if any funds provided
under this Scope are used to acquire equipment.
17. Documentation of client income. Unless clients are presumed eligible
based on CDBG regulations, the Agency shall screen all clients served
with funds provided under this Contract to ensure that at least 51% of
the total number of clients served do not have a gross annual family
income in excess of the limits specified in Exhibit B.
Adjusted gross income as defined by the Internal Revenue Service Form
1040 shall be used to determine persons' or households' income. The
following methods may be used to determine income eligibility:
a) IRS income tax return;
b) Client income certification on a form approved by the City; or
KYFS-WM CDBG Capital Project Scope of Services- Page 3
c) Documentation of qualification for participation in a "means-
tested" federal or state program at least as restrictive as CDBG
with regard to Income Guidelines.
Income guidelines may be adjusted periodically by HUD. The Agency
agrees to use updated Income Guidelines, which will be provided by the
City.
B. Record Retention Period
All records required by this Scope shall be retained by the Agency for the period
of time specified in the Agreement - Part IV. The period of time shall commence
on January 1 of the year following the year in which the final invoice was paid.
5) Reports, Invoicing and Reporting Schedule
A. Reports, Invoicing and Reporting Schedule
If applicable, the Agency shall collect and report client information to the City
quarterly on the Service Units section of the Billing Voucher and Service Report
(Exhibit D-1) to be provided by the City. The Billing Voucher and Service Report
shall be submitted electronically to drwilson@kentwa.gov .
B. Invoicing and Reporting Schedule
The Agency shall also submit invoices to the City via the Billing Voucher and
Service Report. Billing Voucher and Service Reports shall be signed by an
authorized representative of the Agency. Copies of supporting documents shall
be submitted electronically to drwilson@kentwa.gov or via the U.S. Postal
Service and postmarked within two days of the due dates listed below.
The Agency shall submit Billing Voucher and Service Reports to the City in
accordance with the following schedule:
Billing Voucher and Service Report (Exhibit D-1) 10/15/12, 11/15/12 (final)
Service Report 1/9113 (final)
Milestone Projection/Completion Form 10115/12, 11/15/12 (final)
(Exhibit D-2)
6) City review and approval of procurement documents
The Agency shall submit a draft of the following documents to the City for review
and approval at least fifteen (15) days prior to preparing the final version and
advertising or soliciting responses for any type of service including, but not limited
to, professional services and construction services:
• Construction bid specifications and bid documents
• Invitation to bid
• Request for proposals
• Request for qualifications
KYFS-WM CDBG Capital Project Scope of Services- Page 4
• Construction Contract
The Agency shall not prepare a final version of any of the above documents and
advertise or solicit responses without the written approval of the City.
7) Construction Project Requirements
The Agency shall not authorize any work under a construction contract assisted in
whole or in part under this Contract to proceed until and unless City of Kent
Community Development Block Grant staff has presented each prime contractor
with detailed information regarding compliance with CDBG Program Regulations
including but not limited to, federal labor standards, at a pre construction
conference.
The Agency shall ensure that construction contractors awarded contracts
assisted in whole or in part under this CDBG Contract submit the following to the
City:
• Weekly Payroll Reports with Statement of Compliance
• Number of volunteers and volunteer hours (required if volunteers are
used on the project)
• Certificate from Contractor Appointing Officer or Employee to Supervise
Payment of Employee (if applicable)
• No Work Performed Notice (required during weeks when work is not
performed)
• Voluntary Authorization of Employee Payroll Deductions
• Any other information that the City needs to comply with Federal Labor
Standards
The City shall retain ten percent (10%) of the value of funds provided under this
project Scope. The City shall disburse the retained amount upon the City's
verification that the Agency has complied with the provisions of this contract
that are applicable to construction contracts.
KYFS-WM CDBG Capital Project Scope of Services- Page 5
EXHIBIT B
2012 HUD INCOME GUIDELINES
Effective 12/1/11
Median Family Income = $88,000
MEDIAN MEDIAL MEDIAN
FAMILY EXTREMELY VERY LOW
SIZE LOW `- LOW INCOME
INCOME INCOME =
1 $18,500 $30,800 $45,500
2 $21,150 $35,250 _` -__z:$52,000
3 $23,800 $39,600 $58,500
4 $26,400 $44,000 $65,000
5 $28,550 $47,550 $70,200
6 $30,650 $51,050 $75,400
:= $32,750 $54,600 $80,600
8 _ $34,850 $58,100 $85,800
4 °
EXHIBIT C
APPOINTMENT OF LIAISON &
AUTHORIZATION TO SUBMIT BILLING VOUCHERS & SERVICE
REPORTS
2012 CDBG AGREEMENT
Appointment of Liaison
The Agency appoints the following person as the liaison for the CDBG
Agreement between the City and the Agency; this person shall be responsible
for overall administration of the CDBG funded program:
Liaison: Michael Heinisch Executive Director
(title)
Authorization to Submit Billing Vouchers & Service Reports
The Agency authorizes the following individual(s) to electronically submit
Billing Vouchers & Service Reports for costs incurred and services provided
pursuant to the 2012 CDBG Agreement between the Agency and the City;
billing vouchers shall not be processed for payment unless they are
submitted by an authorized individual(s):
Authorized
Individual(s):
Laurie Pet son Teen Parent Program Manager
a ) (title)
(Signa 9)
A al Authori ividual (if applicable):
Dolores Ashmore Administrative Manager
(Type Name) (title)
49L Z�L�
(Si nature)
09/20/12
(date)
Exhibit D-1 CDBG
• Billing Voucher & Service Report
KEN T 2012
W 45 HIM1 GTGH
PARKS RECREATION &
COMMUNITY SERVICES
To Agency Kent Youth & Family Services
Dinah Wilson
Housing & Human Services
Parks, Recreation & Community Services Program Contact Laurie Peterson
220 4'" Ave South, Kent, WA 98032 Telephone (253) 859-0300 Ext 3074
drwilson0-ci kent.wa us E-mail launep@kyfs org
Phone 253 856-5076
Reporting Period Program Amount Requested
Watson Manor East Wall Repair Project
BUDGET SUMMARY COMPLETE LINE ITEM SUMMARY ON BACK
For Department Use Only Total Contract Amount $ 23,010 00
Amount Requested This Qtr $
Amount Requested YTD $
Amount Remaining
LINE ITEM BUDGET SUMMARY
ORIGINAL TOTAL REVISED CUMULATIVE
COST CATEGORIES BUDGET REQUESTED BUDGET TO DATE
1 Construction Contracts
Attach invoices/bills $16,041 00
2 Consultant/Purchased $ 5,45000
Services
(Attach invoices/bills
3 Administrative Costs $ 1,151 00
4 Environmental Review $ 30000
5 Court Filing Fees $ 6800
GRAND TOTAL
$23,010 00
Page 1 of 4
2012 KENT FUNDED SERVICE UNITS
Note: Unduplicated client counts must be reported both quarterly and year-to-date
Service Unit Description Contracted to Serve Clients Actually Served Year to Date
Total
Service Unit/Performance 1st 2"d 13`d 4th 1st 2nd 3rd 4th
Measure
Unduplicated#of Kent clients
(households) served 0 0 6 2 0 0
Sec. 1: Provide a narrative explanation if you are behind in either progress toward meeting
performance measures or projected expenditure rate.
Sec. 2: Number of Households or Persons Assisted (please specify "H" or "P"):
Race Unduplicated Quarter Unduplicated Quarter Undup Unduplicated
(All) (Hispanic) Yearto Year to Date
Date (Hispanic)
All
1 2 3 4 1 2 3 4
White
Black/African American
Asian
American Indian or Alaska Native
Native Hawaiian or Other Pacific Islander
American Indian or Alaska Native AND White
Asian AND White
Black/African American AND White
American Indian /Alaska Native AND
Black/African American
Other Multi-Racial
GRAND TOTAL CLIENTS
Page 2 of 4
I
Income Level Unduplicated Quarter Unduplicated Year
to Date
1 2 3 4
Extremely Low Income 0-30% of MFI
Low Income 31-50% of MFI
Moderate Income 51-80% of MFI
Above Moderate Income 81% + of MFI
GRAND TOTAL CLIENTS
Other Characteristics Unduplicated Quarter Unduplicated Year
to Date
1 2 3 4
Total Female Headed Households
Homeless' Complete only for individuals& families who have Unduplicated Quarter Unduplicated Year
been assisted with transitional and permanent housing to Date
1 2 3 4
Individuals
Families
Total Homeless
Authorized Signature Date
For Department Use Only
Authorized for Payment
gy Date:
Page 3 of 4
Instructions
Refer to: Accomplishments by Performance Measures in your CDBG Contract
SEC. 1: PERSONNEL COSTS
Enter the names and titles of personnel being charged to the CDBG grant Remember all hours charged to
CDBG must be tracked and a timesheet certifying the hours worked were to directly support the CDBG funded
program must be signed by the employee and supervisor and submitted to the City with the request for
reimbursement
SEC. 2: PERFORMANCE MEASURES
Unduplicated Count of Households/Persons Assisted
Projections: Circle either persons or households according to the method of counting clients specified in your
CDBG Contract Scope Insert the pro)ected number of clients to be served as specified in your CDBG Contract
Scope
Achievements: Insert the unduplicated number of clients served during the reporting period Unduplicated
means that one person or one household served by your agency is counted once during the calendar year
You may report only those persons or households for which you maintain written records This record must be
established at the time the person or household is first served by your agency
Year to Date: Insert the total unduplicated number of clients served to date
Service Units
Insert the service unit measures specified in your CDBG Contract Scope Insert the protected number of service units for the reporting period Insert
the actual number of service units provided during the Reporting Period The actual number of service units provided may be duplicated counts
Duplicated means that a client served by your agency may receive service one or more times during the calendar year in one or more of the service
unit categories
SEC. 3: NARRATIVE EXPLANATION
You must provide a narrative explanation if your agency is behind in meeting either performance measures
specified in your CDBG Contract Scope or your expenditure rate Your expenditure rate should equal
approximately one quarter of your HHS contract amount per quarter.
SEC. 4: DEMOGRAPHIC INFORMATION
Race: You are required to collect racial and ethnic information for the clients served There are 10 race
categories to select from Each client should select one of these categories Clients identifying themselves as
Hispanic also need to select from the race categories
Example A client selects Hispanic as his ethnicity and white as his race The grand total in the first column will
not match the grand total in the second column You may only have a few clients who identify as Hispanic
Female Head of Household: Insert the unduplicated number of single female head of households with
dependents served during the reporting period
Income Only for Non-presumed Benefit Projects which require income screening Insert the unduplicated clients served who are Low Income
(51 —80%), Very Low-Income(31-50%)and Extremely Low-Income(0-30%) You do not have to complete if your CDBG project directs services
toward the following clients abused children, elderly persons, DV victims,homeless persons, those meeting the federal definition of severely
disabled persons, illiterate adults persons living with aids, or migrant farm workers
Homeless: For programs providing transitional and permanent housing insert the unduplicated clients served
Page 4 of 4
2012 CITY OF KENT COMMUNITY EXHIBIT D-2
DEVELOPMENT BLOCK GRANT
PROGRAM MILESTONE PROJECTION/COMPLETION FORM
Kent Youth and Family Services
PLAN NI NG/ACQU ISITI ONIDESIG N/CONSTRUCTION
PROJECTS
VOUCHER WILL NOT BE PROCESSED UNTIL THIS PAGE IS COMPLETED
CONTACT Laurie Peterson PHONE 253 839 0300, Ext 3074 DATE OF VOUCHER
CDBG PROJECT NO BG1219 CDBG PROJECT TITLE Watson Manor East Wall Construction Project
PERSONNEL(STATE NAMES OF EMPLOYEES FUNDED IN WHOLE OR IN PART BY THIS REQUEST)
Schedule by Task Enter a projected completion date for each milestone that applies to your project.
Construction Projects: Projected Date Completed Date
Design Begun 7/27/11
Design complete 5/29/12
Environmental review complete 4/30/12 (update)
Bid opening 6/19/12
Bid award 8/7/12
Pre-construction conference 9/14/12
Notice to proceed 9/21112
Project 75% complete 10/29/12
Construction complete 11/5/12
Release retainage 11/30/12
Acquisition Projects: Projected Date
Environmental Review complete N/A
Purchase and Sale Agreement executed. N/A
Appraisal complete N/A
Building Inspection complete N/A
Hazardous Material Assessment complete N/A
Closing N/A
Authorized Signature(As Set Forth In Exhibit Q Date
Must be submitted with Reimbursement Request
EXHIBIT E
INSURANCE REQUIREMENTS
FOR CDBG CAPITAL PROJECT AGREEMENT:
TRANSITIONAL HOUSING ACTIVITY
Insurance
The Agency shall procure and maintain for the duration of the
Agreement, insurance providing for damage to property which may
arise from or in connection with the Agency's operation and use of the
Premises.
A. Minimum Scope of Insurance
Agency shall obtain insurance of the type described below:
1. Property insurance shall be written on an all risk basis.
B. Minimum Amounts of Insurance
Agency shall maintain the following insurance limits:
1. Property insurance shall be written covering the full value of
Agency's property and improvements with no coinsurance
provisions.
C. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating
of not less than ANII.
E. Verification of Coverage
Agency shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance
requirements of the Agency as of the date of Purchase of the Property
considered by this Agreement.
F. Waiver of Subrogation
Agency hereby releases and discharges the City of Kent from all
claims, losses and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the premises
or said building. This release shall apply only to the extent that such
claim, loss or liability is covered by insurance.
i Ken1YFS55
"lion Proftinsurance Program ..
CERT1f1CATE OF IN$URANUE t�t�u�t v��1vlzoaE. „
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES
NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTRUE A CONTRACT
BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER -------------
IMPORTANT If the certificate holder is m ADDITIONAL INSURED,the pclic0m)must be endorsed If SUBROGRATiON IS WAIVED,subject to the terms and conditions of
the policy,certain coverage may require an endorsement A statement an this xAihcate does not confer rights to the certificate holder In[tau of such endorsements)
COMPItNB�SICFFORDIfdfi£tSktEhAi3E
"PRL16770EB ,
GENERAL LIABILITY
Canfield American Alternative Insurance Corporation
451 Diamond Drive
Ephrata,WA 98823 AUTOMOBILE LIABILITY
p American Alternative Insurance Corporation
PROPERTY
Kent Youth and Family Services American Alternative Insurance Corporation
232 2nd Avenue South
Kent, WA 98032 MISCELLANEOUS PROFESSIONAL LIABILITY
Princeton Excess and Surplus Lines Insurance Company
•COVERAGEt'+
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD
INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CER71FICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPEOPINSURARM PGLICYNUMBER" POLICYEFF POLICY EXP DESCRIPTION LIMITS
" DATE
'i ENERAL L1ABiLfry • '
COMMERCIAL GENERAL LIABILITY N1 A2-RL 0000013-04 06/01/2012 06101/2013 PER OCCURRENCE $5,000,000
OCCURRENCE FORM PER MEMBER AGGREGATE $M000,000
INCLUDES STOP GAP PRODUCT-COMPIOP $5,000,000
PERSONAL t4 ADV INJURY $5,000,000
(ABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUN ANNUAL POOL AGGREGATE $50,000,000
AUTOMOBILE L#ABILrTYANY AU70 N1-A2 RL-0000013-04 06101/2012 06101/2013 COMBINED SINGLE LIMIT $5,000,000
PRCJPP.RIY
UABILITY IS•SUBJECT 70 A$50,000SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE
'
N1-A2-RL-0000oi3-04 06/01/2012 06/01/2013 ALL RISK PEROCC EXCL EO S FL $50,000,000
EARTHQUAKE PER OCC $1,000,000
FLOOD PER CCC $1,000,000
(PROPERTY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE
1(ISCELLi\NEtdtJSl+1tOFE4STt9NAE UAftlUT`L ,
N1-A3-RL-0000060-04 06101/2012 06/0112013 PER CLAIM $5,000,000
(ABILITY f5 SUBJECT TO A$25,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE $4D,000,000
DESi.BFfTI0 JorePERATIOM7,LOCA'nONSFVr:R==iSPC-C}AtiTEMS „
Regarding funding received The City of Kent and Its elected and appointed officials are named as Additional
Insured for this lunding only and are sub Pc:t to policy terms,conditions,and exclusions Add,bonai insured
endorsement is attached.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE
WITH THE POLICY PROVISIONS ,
iEftOitT�.Ftf�t:CfER` • .' AtJ'fFJtSRtZEC?REPaEL�ET+E�'d#k1tE
Parks&Recreation& Human Services
City of Kent
220 4th Ave S
Kent,WA 98032 �✓
2609770
POLICY NUMBER: N1•A2•RL-0000013-04 COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following.
SCHEDULE
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name Of Additional Insured Persons Or Or anization s
City of Kent
220 4th Ave S
Kent, WA 98032
its elected and appointed officials
Information required to complete this Schedule,if not shown above,will be shown in the Declarations.
Section II —Who is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zations) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations;or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 i ISO Properties,Inc.,2004 Page 1 of 1 ❑
2609771
EXHIBIT F
City of Kent
Certification Regarding Debarment and Suspension
Kent Youth & Family Services Watson Manor Roof East Wall Construction
Protect• BG 1219
Agency Name of Project/Project Number
Certification A: Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge
and belief that its principals;
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
debarment or agency;
b. Have not within a three-year period preceding this proposal, been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification, or
destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/ proposal
had one or more public transactions (Federal, State, or local) terminated for
cause or default.
2. Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
Instructions for Certification (A)
1. By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide
the certification set out below. The certification or explanation will be
considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective
primary participant to furnish a certification or an explanation shall disqualify
such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon
1 of 4
which reliance was placed when the department or agency determined to
enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government/City of Kent, the
department or agency may terminate this transaction for cause of default.
4. The prospective primary participant shall provide immediate written notice
to the department or agency to which this proposal is submitted if at any
time the prospective primary participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. The terms covered transaction, debarred, suspended, ineligible,
lower tier covered transaction, participant, person, primary covered
transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Order 12549. You may contact
the department or agency to which this proposal is being submitted for
assistance in obtaining a copy of these regulations.
6. The prospective primary participant agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department
or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by the department or agency entering into
this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant
may decide the method and frequency by which it determines this eligibility
of its principals. Each participant may, but is not required to, check the Non-
procurement List.
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph (6) of these
instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal
Government/City of Kent, the department or agency may terminate this
transaction for cause of default.
2of4
Certification B: Certification Regarding Debarment, Suspension, Ineli-
gibility and Voluntary Exclusion - Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of
the statements in this certification, such prospective participant shall attach
an explanation to this proposal.
Instructions for Certification (B)
1. By signing and submitting this proposal, the prospective lower tier
participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government/City of Kent, the department or agency with which this
transaction originated may pursue available remedies, including suspension
and/or debarment.
3. The prospective lower tier participant shall provide immediate written
notice to the person to whom this proposal is submitted if at any time the
prospective lower tier participant learns that its certification was erroneous
when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible,
lower tier covered transaction, participant, person, primary covered
transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy
of these regulations.
5. The prospective lower tier participant agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the department
or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this
proposal that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not
I
3of4
debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant
may decide the method and frequency by which It determines the eligibility
of Its principals. Each participant may, but is not required to, check the Non-
procurement List.
8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph (5) of these
instructions, if a participant in a lower covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government/City of Kent, the department or agency with which this trans-
action originated may pursue available remedies including suspension and/or
debarment.
Primary Contractor/Sub-Contractor Date
(Print Below)
e7/ 1 �l L✓l 1 yC ' r
Authorized Signature of Primary Title
Contractor/Sub-Contra or --�
(Sign Below) /��
4 of 4
EXHIBIT H
504/ADA DISABILITY ASSURANCE OF COMPLIANCE
Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans With
Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified people with
disabilities.
I understand that federal and state laws prohibit discrimination in public accommodations and
employment based solely on disability In addition, I recognize that Section 504 requires recipients of
federal funds (either directly or through contracting with a governmental entity receiving federal funds)
to make their programs, services, and activities, when viewed in their entirety, accessible to qualified
and/or eligible people with disabilities I agree to comply with, and to require that all subcontractors
comply with, the Section 504/ADA requirements I understand that reasonable accommodation is
required in both program services and employment, except where to do so would cause an undue
hardship or burden.
I agree to cooperate in any compliance review and to provide reasonable access to the premises of
all places of business and employment and to records, files, information, and employees therein to
the City of Kent for reviewing compliance with Section 504 and ADA requirements
agree that any violation of the specific provisions and terms of the 504/ADA Disability Assurance of
Compliance and/or Corrective Action Plan required herein or Section 504 or the ADA, shall be
deemed a breach of a material provision of the Contract between the City of Kent and the Contractor
Such a breach shall be grounds for cancellation, termination, or suspension, in whole or in part, of
this Contract by the City of Kent.
According to the responses to the questions in the 504/ADA Self-Evaluation YES NO
Questionnaire, (company name) Kent Youth and Family Services 0
is in compliance with 5041ADA.
If the above response is NO, the following corrective actions will be taken:
Corrective Action Plan
The following Corrective Action Plan is submitted to comply with Section 504 and ADA requirements.
General Requirements
Actions To Be Taken _Completion Date
Program Access
Actions To Be Taken Completion Date
r
504/ADA Contract Forms 3-06 1
504/ADA DISABILITY ASSURANCE OF COMPLIANCE (continued)
Employment and Reasonable Accommodation
Actions To Be Taken Completion Date
Physical Accessibility
Actions To Be Taken Completion Date
I Declare Under Penalty of Perjury under the Laws of the State of Washington that the
Foregoing is True and Correct.
Signature of authorized signator
Michael Heinisch Executive Director 253-859-0300
Type or print name of authorized signator Title Telephone
For Notary:
State of County of
Signed and sworn before me on (date) by (print authorized
signator name) M i eA P,t=L L N
AL
D01 ORES R. ASHMORE Notary signature:
NOTARY PUBLIC Notary (print name). ��t�(2ES f�Sl�Hc�R�
STATE OF WASHINGTON My appointment expires a--
COMMISSION EXPIRES
FEBRUARY l 2016
Contractor Kent Youth and Family Services
Company Name
232 2nd Avenue S, Ste. 201 Kent WA 98032
Street Address City State Zip
504/ADA Contract Forms 3-06 2
EXHIBIT r
County Trade Job Classification Wage Holiday Overtime Note
King Asbestos Abatement WorkE3ourney Level $40.03 5D iH
King Boilermakers Journey Level $60 24 5N 1C
King Brick Mason Brick And Block Finisher $41 41 SA 1M
King Brick Mason Journey Level $48 27 5A 1M
King Brick Mason Pointer-Caulker-Cleaner $48 27 5A 1M
King Budding Service Employee=_Janitor $19 52 5S 2F
King Building Service Employee=_Traveling Waxer/shampooer $19 93 SS 2F
King Building Service Employees Window Cleaner (Scaffold) $23 94 5S 2F
King Building Service Employees Window Clearer(non-scaffold) $23 08 5S 2F
King Cabinet Makers (In Shop) Journey Level $22 74 1
King Carpenters Acoustical Worker $48 63 5D iM
King Carpenters Bridge, Dock And Wharf Carpeni $48.47 5A 1M
King Carpenters Carpenter $48 47 5D 1M
King Carpenters Creosoted Material $48 57 5D 1M
King Carpenters Floor Finisher $48 60 5D iM
King Carpenters Floor Layer $48.60 5D 1M
King Carpenters Floor Sander $48 60 5D 1M
King Carpenters Sawfiler $48 60 5D 1M
King Carpenters Shingler $48 60 5D 1M
King Carpenters Stationary Power Saw Operator $48.60 5D 1M
King Carpenters Stationary Woodworking Tools $48.60 5D 1M
King Cement Masons Journey Level $49.15 7A 1M
King Divers &Tenders Diver $100 28 5D 1M 8A
King Divers &Tenders Diver On Standby $56.68 5D 1M
King Divers &Tenders Diver Tender $52 23 5D 1M
King Divers &Tenders Surface Rcv & Rov Operator $52 23 5D 1M
King Divers &Tenders Surface Rcv & Rov Operator Ter $48 67 5A 1B
King Dredge Workers Assistant Engineer $49 57 5D 1T 8L
King Dredge Workers Assistant Mate(deckhand) $49 06 5D IT 8L
King Dredge Workers Engineer Weider $49 62 5D 1T 8L
King Dredge Workers Leverman, Hydraulic $51 19 5D 1T 8L
King Dredge Workers Maintenance $49 06 5D 1T 8L
King Dredge Workers Mates And Boatmen $49.57 5D 1T 8L
King Dredge Workers Oder $49 19 5D 1T 8L
King Drywall Applicator Journey Level $48.47 5D 1M
King Drywall Tapers Journey Level $48 79 5P lE
King Electrical Fixture Maintenar Journey Level $25 34 5L lE
King Electricians - Inside Cable Splicer $61 93 7C 2W
King Electricians - Inside Cable Splicer (tunnel) $66 55 7C 2W
King Electricians - Inside Certified Welder $59 83 7C 2W
King Electricians - Inside Certified Welder (tunnel) $64.23 7C 2W
King Electricians - Inside Construction Stock Person $31 83 7C 2W
King Electricians - Inside Journey Level $57 72 7C 2W
King Electricians - Inside Journey Level (tunnel) $61 93 7C 2W
King Electricians - Motor Shop Craftsman $15 37 1
King Electricians - Motor Shop Journey Level $14 69 1
King Electricians - Powerhne Cor Cable Splicer $64 95 SA 4A
King Electricians - Powerhne CorCertifed Line Welder $59 37 SA 4A
King Electricians - Powerhne Cor Groundperson $42.16 5A 4A
King Electricians - Powerhne Cor Head Groundperson $44.50 5A 4A
King Electricians - Powerhne Cor Heavy Line Equipment Operator $59 37 5A 4A
King Electricians - Powerhne Cor Jackhammer Operator $44 50 5A 4A
King Electricians - Powerhne CorJourney Level Lineperson $59 37 5A 4A
King Electricians - Powerhne Cor Line Equipment Operator $49 95 5A 4A
King Electricians - Powerhne Cor Pole Sprayer $59 37 5A 4A
King Electricians - Powerhne Cor Powderperson $44 50 5A 4A
King Electronic Technicians Journey Level $31 00 1
King Elevator Constructors Mechanic $75.24 7D 4A
King Elevator Constructors Mechanic In Charge $82.00 7D 4A
King Fabricated Precast Concret(All Classifications - In-Factory W $14.15 5B 2K
King Fence Erectors Fence Erector $15 18 1
King Flaggers Journey Level $33 93 7A 2Y
King Glaziers Journey Level $50 91 7L lY
King Heat & Frost Insulators An(Journeyman $55 68 5J 1S
King Heating Equipment Mechan]ourney Level $67 82 7F lE
King Hod Carriers & Mason Tend]ourney Level $41 28 7A 2Y
King Industrial Engine And Mach Journey Level $15 65 1
King Industrial Power Vacuum C Journey Level $9 24 1
King Inland Boatmen Boat Operator $51 95 5B 1K
King Inland Boatmen Cook $48 62 5B 1K
King Inland Boatmen Deckhand $48 62 58 IK
King Inland Boatmen Deckhand Engineer $49.60 5B 1K
King Inland Boatmen Launch Operator $50 80 56 1K
King Inland Boatmen Mate $50 80 5B 1K
King Inspection/Cleaning/Sealin,Cleaner Operator, Foamer Opera $31 49 1
King Ins pection/Cleaning/Sealin(Grout Truck Operator $11 48 1
King Inspection/Cleaning/Sealini Head Operator $24 91 1
King Inspection/Cleaning/Sealin,Technician $19 33 1
King Inspection/Cleaning/Sealin,Tv Truck Operator $20 45 1
King Insulation Applicators Journey Level $48 47 5D 1M
King Ironworkers Journeyman $58 27 7N 10
King Laborers Air, Gas Or Electric Vibrating Scr $40 03 7A 2Y
King Laborers Airtrac Drill Operator $41 28 7A 2Y
King Laborers Ballast Regular Machine $40 03 7A 2Y
King Laborers Batch Weighman $33 93 7A 2Y
King Laborers Brick Pavers $40 03 7A 2Y
King Laborers Brush Cutter $40.03 7A 2Y
King Laborers Brush Hog Feeder $40 03 7A 2Y
King Laborers Burner $40 03 7A 2Y
King Laborers Caisson Worker $41.28 7A 2Y
King Laborers Carpenter Tender $40 03 7A 2Y
King Laborers Caulker $40 03 7A 2Y
King Laborers Cement Dumper-paving $40 77 7A 2Y
King Laborers Cement Finisher Tender $40.03 7A 2Y
King Laborers Change House Or Dry Shack $40 03 7A 2Y
King Laborers Chipping Gun (under 30 Lbs.) $40 03 7A 2Y
King Laborers Chipping Gun(30 Lbs And Over; $40.77 7A 2Y
King Laborers Choker Setter $40 03 7A 2Y
King Laborers Chuck Tender $40.03 7A 2Y
King Laborers Clary Power Spreader $40.77 7A 2Y
King Laborers Clean-up Laborer $40.03 7A 2Y
King Laborers Concrete Dumper/chute Operatc $40 77 7A 2Y
King Laborers Concrete Form Stripper $40 03 7A 2Y
King Laborers Concrete Placement Crew $40 77 7A 2Y
King Laborers Concrete Saw Operator/core Dri $40 77 7A 2Y
King Laborers Crusher Feeder $33 93 7A 2Y
King Laborers Curing Laborer $40.03 7A 2Y
King Laborers Demolition. Wrecking & Moving $40 03 7A 2Y
King Laborers Ditch Digger $40 03 7A 2Y
King Laborers Diver $41 28 7A 2Y
King Laborers Drill Operator (hydraulic,diamon $40 77 7A 2Y
King Laborers Dry Stack Walls $40 03 7A 2Y
King Laborers Dump Person $40 03 7A 2Y
King Laborers Epoxy Technician $40 03 7A 2Y
King Laborers Erosion Control Worker $40 03 7A 2Y
King Laborers Faller& Bucker Chain Saw 540 77 7A 2Y
King Laborers Fine Graders $40 03 7A 2Y
King Laborers Firewatch $33 93 7A 2Y
King Laborers Form Setter $40 03 7A 2Y
King Laborers Gabian Basket Builders $40 03 7A 2Y
King Laborers General Laborer $40 03 7A 2Y
King Laborers Grade Checker &Transit Person $41 28 7A 2Y
King Laborers Grinders $40 03 7A 2Y
King Laborers Grout Machine Tender $40.03 7A 2Y
King Laborers Groutmen (pressure)including R $40 77 7A 2Y
King Laborers Guardrail Erector $40 03 7A 2Y
King Laborers Hazardous Waste Worker (level $41 28 7A 2Y
King Laborers Hazardous Waste Worker (level $40 77 7A 2Y
King Laborers Hazardous Waste Worker (level $40 03 7A 2Y
King Laborers High Scaler $41 28 7A 2Y
King Laborers Jackhammer $40 77 7A 2Y
King Laborers Laserbeam Operator $40.77 7A 2Y
King Laborers Maintenance Person $40 03 7A 2Y
King Laborers Manhole Budder-mudman $40.77 7A 2Y
King Laborers Material Yard Person $40.03 7A 2Y
King Laborers Motorman-dinky Locomotive $40 77 7A 2Y
King Laborers Nozzleman (concrete Pump, Gre $40 77 7A 2Y
King Laborers Pavement Breaker $40 77 7A 2Y
King Laborers Pilot Car $33 93 7A 2Y
King Laborers Pipe Layer Lead $41 28 7A 2Y
King Laborers Pipe Layer/tailor $40 77 7A 2Y
King Laborers Pipe Pot Tender $40 77 7A 2Y
King Laborers Pipe Reliner $40 77 7A 2Y
King Laborers Pipe Wrapper $40 77 7A 2Y
King Laborers Pot Tender $40 03 7A 2Y
King Laborers Powderman $41 28 7A 2Y
King Laborers Powderman's Helper $40 03 7A 2Y
King Laborers Power Jacks $40.77 7A 2Y
King Laborers Railroad Spike Puller - Power $40 77 7A 2Y
King Laborers Raker - Asphalt $41 28 7A 2Y
King Laborers Re-timberman $41 28 7A 2Y
King Laborers Remote Equipment Operator $40 77 7A 2Y
King Laborers Rigger/signal Person $40 77 7A 2Y
King Laborers Rip Rap Person $40 03 7A 2Y
King Laborers Rivet Buster $40 77 7A 2Y
King Laborers Rodder $40 77 7A 2Y
King Laborers Scaffold Erector $40 03 7A 2Y
King Laborers Scale Person $40 03 7A 2Y
King Laborers Sloper (over 20)" $40 77 7A 2Y
King Laborers Sloper Sprayer $40 03 7A 2Y
King Laborers Spreader (concrete) $40.77 7A 2Y
King Laborers Stake Hopper $40.03 7A 2Y
King Laborers Stock Pder $40.03 7A 2Y
King Laborers Tamper & Similar Electric, Air& $40.77 7A 2Y
King Laborers Tamper (multiple &Self-propelle $40.77 7A 2Y
King Laborers Timber Person - Sewer (lagger, $40 77 7A 2Y
King Laborers Toolroom Person (at Jobsite) $40 03 7A 2Y
King Laborers Topper $40 03 7A 2Y
King Laborers Track Laborer $40 03 7A 2Y
King Laborers Track Liner (power) $40 77 7A 2Y
King Laborers Truck Spotter $40 03 7A 2Y
King Laborers Tugger Operator $40 77 7A 2Y
King Laborers Tunnel Work-Compressed Air W. $52 08 7A 2Y SQ
King Laborers Tunnel Work-Compressed Air W. $57 08 7A 2Y 8Q
King Laborers Tunnel Work-Compressed Air W. S60 76 7A 2Y 8Q
King Laborers Tunnel Work-Compressed Air W $66 46 7A 2Y 8Q
King Laborers Tunnel Work-Compressed Air W $68 58 7A 2Y 8Q
King Laborers Tunnel Work-Compressed Air W $73 68 7A 2Y 8Q
King Laborers Tunnel Work-Compressed Air W $75.58 7A 2Y 8Q
King Laborers Tunnel Work-Guage and Lock Te $41.38 7A 2Y 8Q
King Laborers Tunnel Work-Miner $41 38 7A 2Y 8Q
King Laborers Vibrator $40 77 7A 2Y
King Laborers Vinyl Seamer $40 03 7A 2Y
King Laborers Watchman $30 84 7A 2Y
King Laborers Welder $40 77 7A 2Y
King Laborers Well Point Laborer $40 77 7A 2Y
King Laborers Window Washer/cleaner $30 84 7A 2Y
King Laborers - Underground Se General Laborer &Topman $40 03 7A 2Y
King Laborers - Underground Se Pipe Layer $40 77 7A 2Y
King Landscape Construction Irrigation Or Lawn Sprinkler Insl $13 56 1
King Landscape Construction Landscape Equipment Operator: $28.17 1
King Landscape Construction Landscaping or Planting Laborer $17 87 1
King Lathers Journey Level $48 74 5D 1H
King Marble Setters Journey Level $48.27 5A 1M
King Metal Fabrication (In Shop;Fitter $15 86 1
King Metal Fabrication (In Shop;Laborer $9 78 1
King Metal Fabrication (In Shop;Machine Operator $13 04 1
King Metal Fabrication (In Shop;Painter $11 10 1
King Metal Fabrication (In Shop;Welder $15.48 1
King Millwright Journey Level $49.47 SO 1M
King Modular Buildings Cabinet Assembly-- $11 56 1
King Modular Buildings Electrician $11 56 1
King Modular Buildings Equipment Maintenance $11 56 1
King Modular Buildings Plumber $11 56 1
King Modular Buildings Production Worker $9 40 1
King Modular Buildings Tool Maintenance $11 56 1
King Modular Buildings Utility Person $11 56 1
King Modular Buildings Welder $11.56 1
King Painters Journey Level $35 72 6Z 2B
King Pile Driver Journey Level $48 67 5A 1M
King Plasterers Journey Level $46 88 7Q 1R
King Playground & Park Equipm(Journey Level $9 04 1
King Plumbers & Pioefitters Journey Level $70 84 6Z iG
King Power Equipment Operator Asphalt Plant Operators $50 39 7A IT 8P
King Power Equipment Operator Assistant Engineer $47 12 7A 1T 8P
King Power Equipment Operator Barrier Machine (zipper) $49 90 7A 1T 8P
King Power Equipment Operator Batch Plant Operator, Concrete $49 90 7A 1T 8P
King Power Equipment Operator Bobcat $47 12 7A IT 8P
King Power Equipment Operator Brokk - Remote Demolition Equ $47 12 7A 1T 8P
King Power Equipment Operator Brooms $47.12 7A 1T 8P
King Power Equipment Operator Bump Cutter $49 90 7A 1T 8P
King Power Equipment Operator Cableways $50.39 7A 1T 8P
King Power Equipment Operator Chipper $49 90 7A 1T 8P
King Power Equipment Operator Compressor $47 12 7A 1T 8P
King Power Equipment Operator Concrete Pump• Truck Mount M $50 39 7A 1T 8P
King Power Equipment Operator Concrete Finish Machine -laser c $47 12 7A IT 8P
King Power Equipment Operator Concrete Pump - Mounted Or Tr $49.48 7A 1T 8P
King Power Equipment Operator Concrete Pump Truck Mount W $49 90 7A 1T 8P
King Power Equipment Operator Conveyors $49.48 7A 1T 8P
King Power Equipment Operator Cranes 20 Tons Through 44 Tc $49 90 7A 1T 8P
King Power Equipment Operator Cranes 100 Tons Through 199 $50 94 7A 1T 8P
King Power Equipment Operator Cranes 200 Tons To 300 Tons, $51 51 7A 1T 8P
King Power Equipment Operator Cranes: 45 Tons Through 99 Toi $50 39 7A 1T 8P
King Power Equipment Operator Cranes: A-frame - 10 Tons And $47.12 7A 1T 8P
King Power Equipment Operator Cranes: Friction 100 Tons Throu $51 51 7A 1T BP
King Power Equipment Operator Cranes: Friction Over 200 Tons $52.07 7A 1T 8P
King Power Equipment Operator Cranes- Over 300 Tons Or 300' $52.07 7A 1T 8P
King Power Equipment Operator Cranes• Through 19 Tons With ! $49 48 7A 1T 8P
King Power Equipment Operator Crusher $49 90 7A 1T 8P
King Power Equipment Operator Deck Engineer/deck Winches (pi $49 90 7A 1T 8P
King Power Equipment Operator Derricks, On Building Work $50 39 7A 1T 8P
King Power Equipment Operator Dozer Quad 9, HD 41, D10 and $50 39 7A 1T 8P
King Power Equipment Operator Dozers D-9 & Under $49 48 7A 1T SP
King Power Equipment Operator Drill Oilers Auger Type, Truck C $49 48 7A 1T 8P
King Power Equipment Operator Drilling Machine $49 90 7A 1T 8P
King Power Equipment Operator Elevator And Man-lift Permaner $47 12 7A IT 8P
King Power Equipment Operator Finishing Machine, Bidwell And ( $49 90 7A 1T 8P
King Power Equipment Operator Forklift 3000 Lbs And Over Witt $49 48 7A 1T 8P
King Power Equipment Operator Forklifts, Under 3000 Lbs With $47 12 7A 1T 8P
King Power Equipment Operator Grade Engineer Using Blue Prin $49 90 7A 1T 8P
King Power Equipment OperatorGradechecker/stakeman $47 12 7A IT 8P
King Power Equipment Operator Guardrail Punch/Auger $49 90 7A 1T 8P
King Power Equipment Operator Hard Tail End Dump Articulating $50 39 7A IT 8P
King Power Equipment Operator Hard Tail End Dump Articulating $49 90 7A 1T 8P
King Power Equipment Operator Horizontal/directional Drill Locat $49 48 7A 1T 8P
King Power Equipment Operator Horizontal/directional Drill Opere $49 90 7A 1T 8P
King Power Equipment Operator Hydralifts/boom Trucks Over 10 $49.48 7A 1T 8P
King Power Equipment Operator Hydralifts/boom Trucks, 10 Ton! $47.12 7A 1T 8P
King Power Equipment Operator Loader, Overhead 8 Yards & Ov $50.94 7A 1T SP
King Power Equipment Operator Loader, Overhead, 6 Yards But $50 39 7A 1T 8P
King Power Equipment Operator Loaders, Overhead Under 6 Yar< $49 90 7A 1T 8P
King Power Equipment Operator Loaders, Plant Feed $49 90 7A 1T 8P
King Power Equipment Operator Loaders- Elevating Type Belt $49 48 7A 1T 8P
King Power Equipment Operator Locomotives, All $49 90 7A 1T 8P
King Power Equipment Operator Material Transfer Device $49 90 7A 1T 8P
King Power Equipment Operator Mechanics, All (leadmen - $0.50 $50 94 7A 1T 8P
King Power Equipment Operator Mixers. Asphalt Plant $49.90 7A 1T 8P
King Power Equipment Operator Motor Patrol Grader - Non-finish $49 48 7A 1T 8P
King Power Equipment Operator Motor Patrol Graders, Finishing $50 39 7A 1T 8P
King Power Equipment Operator Mucking Machine, Mole, Tunnel 1 $50.39 7A IT 8P
King Power Equipment Operator Oil Distributors, Blower Distnbut $47.12 7A 1T 8P
King Power Equipment Operator Outside Hoists (elevators And M $49.48 7A 1T 8P
King Power Equipment Operator Overhead, Bridge Type 45 TonE $50 39 7A 1T 8P
King Power Equipment Operator Pavement Breaker $47 12 7A 1T 8P
King Power Equipment Operator Pile Driver (other Than Crane Mi $49.90 7A 1T 8P
King Power Equipment Operator Plant Oder - Asphalt, Crusher $49 48 7A 1T 8P
King Power Equipment Operator Posthole Digger, Mechanical $47 12 7A 1T 8P
King Power Equipment Operator Power Plant $47 12 7A 1T 8P
King Power Equipment Operator Pumps - Water $47 12 7A 1T 8P
King Power Equipment Operator Quick Tower - No Cab, Under 1C $47 12 7A 1T 8P
King Power Equipment Operator Remote Control Operator On Ru $50 39 7A 1T 8P
King Power Equipment Operator Rigger And Bellman $47 12 7A 1T 8P
King Power Equipment Operator Rollagon $50 39 7A 1T 8P
King Power Equipment Operator Roller, Other Than Plant Mix $47 12 7A 1T 8P
King Power Equipment Operator Roller, Plant Mix Or Multi-lift Mat $49 48 7A 1T 8P
King Power Equipment Operator Roto-mill, Roto-grinder $49.90 7A 1T 8P
King Power Equipment Operator Saws - Concrete $49 48 7A 1T 8P
King Power Equipment Operator Scraper, Self Propelled Under 4`- $49 90 7A 1T 8P
King Power Equipment Operator Scrapers - Concrete &Carry All $49 48 7A 1T 8P
King Power Equipment Operator Scrapers, Self-propelled 45 Yar $50 39 7A 1T 8P
King Power Equipment Operator Service Engineers - Equipment $49 48 7A 1T 8P
King Power Equipment Operator Shotcrete/gunite Equipment $47 12 7A 1T 8P
King Power Equipment Operator Shovel , Excavator, Backhoe, Tr $49 48 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoe Ov $50 39 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoes, Tr $49 90 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoes: O $50 94 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoes: 0 $51.51 7A 1T 8P
King Power Equipment Operator Slipform Pavers $50.39 7A 1T 8P
King Power Equipment Operator Spreader, Topsider &Screedmai $50.39 7A 1T 8P
King Power Equipment Operator Subgrader Trimmer $49.90 7A 1T 8P
King Power Equipment Operator Tower Bucket Elevators $49 48 7A 1T 8P
King Power Equipment Operator Tower Crane Over 175'in Height $51.51 7A IT 8P
King Power Equipment Operator Tower Crane Up To 175' In Heig $50.94 7A 1T 8P
King Power Equipment Operator Transporters, All Track Or Truck $50.39 7A 1T 8P
i
King Power Equipment Operator Trenching Machines $49.48 7A 1T 8P
King Power Equipment Operator Truck Crane Oiler/driver- 100 T $49 90 7A 1T 8P
King Power Equipment Operator Truck Crane Oiler/driver Under $49 48 7A 1T 8P
King Power Equipment Operator Truck Mount Portable Conveyor $49 90 7A 1T Sp
King Power Equipment Operator Welder $50 39 7A IT 8P
King Power Equipment Operator Wheel Tractors, Farmall Type $47 12 7A IT 8P
King Power Equipment OperatcrYo Yo Pay Dozer $49.90 7A 1T 8P
King Power Equipment Operator Asphalt Plant Operators $50 39 7A IT 8P
King Power Equipment Operator Assistant Engineer $47 12 7A 1T 8P
King Power Equipment Operator Barrier Machine (zipper) $49 90 7A 1T 8P
King Power Equipment Operator Batch Plant Operator, Concrete $49 90 7A 1T 8P
King Power Equipment Operator Bobcat $47 12 7A 1T 8P
King Power Equipment Operator Brokk - Remote Demolition Equw S47.12 7A 1T 8P
King Power Equipment Operator Brooms $47 12 7A 1T 8P
King Power Equipment Operator Bump Cutter $49 90 7A 1T 8P
King Power Equipment Operator Cableways $50 39 7A 1T 8P
King Power Equipment Operator Chipper $49.90 7A 1T 8P
King Power Equipment Operator Compressor $47 12 7A 1T 8P
King Power Equipment Operator Concrete Pump• Truck Mount N $50 39 7A 1T 8P
King Power Equipment Operator Concrete Finish Machine -laser E $47 12 7A IT 8P
King Power Equipment Operator Concrete Pump - Mounted Or Tr $49 48 7A 1T SP
King Power Equipment Operator Concrete Pump. Truck Mount W $49 90 7A 1T 8P
King Power Equipment Operator Conveyors $49 48 7A 1T 8P
King Power Equipment Operator Cranes. 20 Tons Through 44 Tc $49 90 7A 1T 8P
King Power Equipment Operator Cranes 200 Tons To 300 Tons, $51 51 7A IT 8P
King Power Equipment Operator Cranes. 45 Tons Through 99 Toi $50 39 7A IT 8P
King Power Equipment Operator Cranes: A-frame - 10 Tons And $47.12 7A 1T 8P
King Power Equipment Operator Cranes: Friction 100 Tons Throu $51 51 7A 1T 8P
King Power Equipment Operator Cranes Friction Over 200 Tons $52.07 7A 1T 8P
King Power Equipment Operator Cranes Over 300 Tons Or 300' $52 07 7A 1T 8P
King Power Equipment Operator Cranes Through 19 Tons With f $49.48 7A 1T 8P
King Power Equipment Operator Crusher $49 90 7A 1T 8P
King Power Equipment Operator Deck Engineer/deck Winches (pi $49 90 7A 1T 8P
King Power Equipment Operator Derricks, On Building Work $50 39 7A 1T 8P
5
King Power Equipment Operator Dozer Quad 9, HD 41, D10 and $50 39 7A 1T 8P
King Power Equipment Operator Dozers D-9 & Under $49 48 7A IT 8P
King Power Equipment Operator Drill Oilers Auger Type, Truck C $49 48 7A 1T 8P
King Power Equipment Operator Dnlling Machine $49.90 7A 1T 8P
King Power Equipment Operator Elevator And Man-lift. Permaner $47.12 7A 1T 8P
King Power Equipment Operator Finishing Machine, Bidwell And C $49 90 7A 1T 8P
King Power Equipment Operator Forklift 3000 Lbs And Over Witl $49 48 7A 1T 8P
King Power Equipment Operator Forklifts Under 3000 Lbs With $47 12 7A 1T 8P
King Power Equipment Operator Grade Engineer Using Blue Prin $49 90 7A 1T 8P
King Power Equipment Operator Gradechecker/stakeman $47 12 7A 1T 8P
King Power Equipment Operator Guardrail Punch/Auger $49 90 7A 1T 8P
King Power Equipment Operator Hard Tad End Dump Articulating $50 39 7A 1T 8P
King Power Equipment Operator Hard Tad End Dump Articulating $49 90 7A 1T 8P
King Power Equipment Operator Horizontal/directional Drill Locat $49.48 7A 1T 8P
King Power Equipment Operator Horizontal/directional Drill Oper< $49 90 7A IT 8P
King Power Equipment Operator Hydralifts/boom Trucks Over 10 $49 48 7A 1T 8P
King Power Equipment Operator Hydralifts/boom Trucks, 10 Tons $47 12 7A 1T 8P
King Power Equipment Operator Loader, Overhead 8 Yards. &Ov $50.94 7A IT 8P
King Power Equipment Operator Loader, Overhead, 6 Yards But $50 39 7A 1T 8P
King Power Equipment Operator Loaders, Overhead Under 6 Yarc $49 90 7A IT 8P
King Power Equipment Operator Loaders, Plant Feed $49 90 7A 1T 8P
King Power Equipment Operator Loaders. Elevating Type Belt $49.48 7A 1T 8P
King Power Equipment Operator Locomotives, All $49.90 7A 1T 8P
King Power Equipment Operator Material Transfer Device $49 90 7A 1T 8P
King Power Equipment Operator Mechanics, All (leadmen - $0.50 $50 94 7A 1T 8P
King Power Equipment Operator Mixers Asphalt Plant $49 90 7A 1T 8P
King Power Equipment Operator Motor Patrol Grader- Non-finish $49.48 7A 1T 8P
King Power Equipment Operator Motor Patrol Graders, Finishing $50 39 7A 1T 8P
King Power Equipment Operator Mucking Machine, Mole, Tunnel 1 $50 39 7A 1T 8P
King Power Equipment Operator Oil Distributors, Blower Distribut $47 12 7A 1T 8P
King Power Equipment Operator Outside Hoists (elevators And M $49 48 7A 1T 8P
King Power Equipment Operator Overhead, Bridge Type. 45 Tons $50 39 7A 1T 8P
King Power Equipment Operator Pavement Breaker $47.12 7A 1T 8P
King Power Equipment Operator Pile Driver(other Than Crane M( $49.90 7A 1T 8P
King Power Equipment Operator Plant Oiler - Asphalt, Crusher $49.48 7A 1T 8P
King Power Equipment Operator Posthole Digger, Mechanical $47 12 7A 1T 8P
King Power Equipment Operator Power Plant $47 12 7A 1T 8P
King Power Equipment Operator Pumps - Water $47 12 7A IT 8P
King Power Equipment Operator Quick Tower - No Cab, Under 1C $47.12 7A IT 8P
King Power Equipment Operator Remote Control Operator On Ru $50 39 7A 1T 8P
King Power Equipment Operator Rigger And Bellman $47.12 7A IT 8P
King Power Equipment Operator Rollagon $50 39 7A 1T 8P
King Power Equipment Operator Roller, Other Than Plant Mix $47.12 7A 1T 8P
King Power Equipment Operator Roller, Plant Mix Or Multi-lift Mat $49 48 7A 1T 8P
King Power Equipment Operator Roto-mill, Roto-grinder $49 90 7A 1T 8P
King Power Equipment Operator Saws - Concrete $49.48 7A 1T 8P
King Power Equipment Operator Scraper, Self Propelled Under 4E $49 90 7A 1T 8P
King Power Equipment Operator Scrapers - Concrete &Carry All $49 48 7A 1T 8P
King Power Equipment Operator Scrapers, Self-propelled 45 Yar $50 39 7A 1T 8P
King Power Equipment Operator Service Engineers - Equipment $49 48 7A 1T 8P
King Power Equipment Operator Shotcrete/gunite Equipment $47 12 7A 1T 8P
King Power Equipment Operator Shovel , Excavator, Backhoe, Tr $49 48 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoe Ov $50.39 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoes, Tr $49 90 7A 1T 8p
King Power Equipment Operator Shovel, Excavator, Backhoes. 0 $50.94 7A 1T 8P
King Power Equipment Operator Shovel, Excavator, Backhoes 0 $51 51 7A 1T SP
King Power Equipment Operator Slipform Pavers $50 39 7A 1T 8P
King Power Equipment Operator Spreader, Topsider&Screedmai $50.39 7A 1T 8P
King Power Equipment Operator Subgrader Trimmer $49.90 7A 1T 8P
King Power Equipment Operator Tower Bucket Elevators $49.48 7A 1T 8P
King Power Equipment Operator Tower Crane Over 175'in Height $51.51 7A 1T 8P
King Power Equipment Operator Tower Crane Up To 175' In Heig $50 94 7A 1T 8P
King Power Equipment Operator Transporters, All Track Or Truck $50 39 7A 1T 8P
King Power Equipment Operator Trenching Machines $49 48 7A 1T 8P
King Power Equipment Operator Truck Crane Oiler/driver- 100 T $49 90 7A 1T 8P
King Power Equipment Operator Truck Crane Oder/driver Under . $49 48 7A 1T 8P
King Power Equipment Operator Truck Mount Portable Conveyor $49 90 7A 1T 8P
King Power Equipment Operator Welder $50 39 7A 1T 8P
King Power Equipment Operator Wheel Tractors, Farmall Type $47.12 7A IT SP
King Power Equipment OperatorYo Yo Pay Dozer $49 90 7A 1T 8P
King Power Line Clearance Tree Journey Level In Charge $42 91 5A 4A
King Power Line Clearance Tree Spray Person $40.73 5A 4A
King Power Line Clearance Tree Tree Equipment Operator $41 29 5A 4A
King Power Line Clearance Tree Tree Trimmer $38 38 5A 4A
King Power Line Clearance Tree Tree Trimmer Groundperson $26 95 5A 4A
King Refrigeration &Air Conditio)ourney Level $69 96 6Z 1G
King Residential Brick Mason Journey Level $48 27 5A 1M
King Residential Carpenters Journey Level $28.20 1
King Residential Cement MasonEJourney Level $22.64 1
King Residential Drywall ApplicalJourney Level $38.08 5D iM
King Residential Drywall Tapers Journey Level $48.79 5P 1E
King Residential Electricians JOURNEY LEVEL $30 44 1
King Residential Glaziers Journey Level $34 60 7L 1H
King Residential Insulation Appli Journey Level $26 28 1
King Residential Laborers Journey Level $23.03 1
King Residential Marble Setters Journey Level $24.09 1
King Residential Painters Journey Level $24 46 1
King Residential Plumbers & PipEJourney Level $34 69 1
King Residential Refrigeration & Journey Level $69 96 6Z 1G
King Residential Sheet Metal WcJourney Level (Field or Shop) $40 04 7F 1R
King Residential Soft Floor LayerJourney Level $41 95 5A 2Z
King Residential Sprinkler Fittere Journey Level $41 31 5C 2R
King Residential Stone Masons Journey Level $48.27 5A 1M
King Residential Terrazzo WorkeJourney Level $43.93 SA 1M
King Residential Terrazzo/Tile Fi Journey Level $21 46 1
King Residential Tile Setters Journey Level $25 17 1
King Roofers Journey Level $43 65 5A 1R
King Roofers Using Irritable Bituminous Mater $46.65 5A 1R
King Sheet Metal Workers Journey Level (Field or Shop) $67 82 7F 1E
King Shipbuilding & Ship Repair Boilermaker $35.83 7M 1H
King Shipbuilding & Ship Repair Carpenter $36 62 70 3B
King Shipbuilding &Ship Repair Electrician $36 23 70 313
King Shipbuilding &Ship Repair Heat & Frost Insulator $55 68 53 1S
King Shipbuilding & Ship Repair Laborer S34 82 70 3B
King Shipbuilding &Ship Repair Machinist $36 19 70 3B
King Shipbuilding & Ship Repair Operator $38 58 70 3B
King Shipbuilding & Ship Repair Painter $36.21 70 3B
King Shipbuilding & Ship Repair Pipefitter $36.16 70 3B
King Shipbuilding & Ship Repair Rigger $36.16 70 3B
King Shipbuilding & Ship Repair Sandblaster $35.17 70 3B
King Shipbu cling &Ship Repair Sheet Metal $36 14 70 3B
King Shipbuilding & Ship Repair Shipfitter $36.16 70 3B
King Shipbuilding &Ship Repair Trucker $36.00 70 3B
King Shipbuilding & Ship Repair Warehouse $36 06 70 3B
King Shipbuilding &Ship Repair Welder/Burner $36 16 70 3B
King Sign Makers & Installers (E Sign Installer $22 92 1
King Sign Makers &Installers (E Sign Maker $21 36 1
King Sign Makers & Installers (N Sign Installer $27 28 1
King Sign Makers &Installers (NSign Maker $33.25 1
King Soft Floor Layers Journey Level $41 95 5A 2Z
King Solar Controls For Window0ourney Level $12 44 1
King Sprinkler Fitters (Fire ProteJourney Level $68.79 5C 1X
King Stage Rigging Mechanics (rJourney Level $13 23 1
King Stone Masons Journey Level $48 27 SA 1M
King Street And Parking Lot SweJourney Level $19 09 1
King Surveyors Assistant Construction Site Sury $49 48 7A 1T 8P
King Surveyors Chainman $48 96 7A 1T 8P
King Surveyors Construction Site Surveyor $50.39 7A 1T 8P
King Telecommunication TechrncJourney Level $22.76 1
King Telephone Line Constructio Cable Splicer $34 20 5A 2B
King Telephone Line Constructio Hole Digger/Ground Person $18.72 5A 2B
King Telephone Line Constructio Installer (Repairer) $32 78 5A 2B
King Telephone Line Constructio Special Aparatus Installer I $34.20 5A 2B
King Telephone Line Constructio Special Apparatus Installer II $33 51 5A 2B
King Telephone Line Constructio Telephone Equipment Operator $34 21 5A 2B
King Telephone Line Constructio Telephone Equipment Operator S31 81 5A 2B
King Telephone Line Constructio Telephone Lineperson $31 81 SA 26
King Telephone Line Constructio Television Groundperson $18 16 5A 2B
King Telephone Line Constructio Television Lineperson/Installer $24 09 5A 2B
King Telephone Line Constructio Television System Technician $28.72 5A 2B
King Telephone Line Constructio Television Technician $25 81 5A 2B
King Telephone Line Constructio Tree Trimmer 531 82 5A 2B
King Terrazzo Workers Journey Level $43 93 5A 1M
King Tile Setters Journey Level $21.65 1
King Tile, Marble &Terrazzo Fini Finisher $37 76 5A 1B
King Traffic Control Stripers Journey Level $40 73 7A 1K
King Truck Drivers Asphalt Mix Over 16 Yards (W \ $46 97 5D 3A 8L
King Truck Drivers Asphalt Mix To 16 Yards (W. WA $46 13 5D 3A 8L
King Truck Drivers Dump Truck &Trailer $46 97 5D 3A 81-
King Truck Drivers Dump Truck (W. WA-Joint Coun. $46 13 5D 3A 81-
King Truck Drivers Other Trucks (W. WA-Joint Cour $46 97 5D 3A 8L
King Truck Drivers Transit Mixer $23.45 1
King Well Drillers &Irrigation Pu Irrigation Pump Installer $17 71 1
King Well Drillers &Irrigation Pu Oiler $12 97 1
King Well Drillers &Irrigation Pu Well Driller $18 00 1
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification in the wage
covered by this contract pertains is being assisted by the determination, and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry, and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance fringe benefits, bears a reasonable relationship to the
A. 1 (i) Minimum Wages All laborers and mechanics wage rates contained in the wage determination
employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U S Department of
those contained in the wage determination of the Labor, Washington, D C 20210 The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140 )
laborers or mechanics, subject to the provisions of 29 CFR
(c) in the event the contractor, the laborers or mechanics
5 5(a)(1)(iv), also, regular contributions made or costs
incurred for more than a weekly period (but not less often to be employed in the classification or their
than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
cover the particular weekly period, are deemed to be
c amount designated for fringe benefits, where appropriate),
constructively made or incurred during such weekly period
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5 5(a)(4) representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein additional time is necessary (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140 )
work is performed The wage determination (including any
additional classification and wage rates conformed under p The wage rate (including fringe benefits where
a
29 CFR 5 5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its workers
e (c) of this paragraph, shall io paid r all
subcontractors at the site of the work in a prominent and 'workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
workers the classification
workers
(m) Whenever the minimum wage rate prescribed in the
(a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to of contract for a class of laborers or mechanics includes a
employed under the contract shall be classified a fringe benefit which is not expressed as an hourly rate, the
conformance with the wage determination HUD shall contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
approve an additional classification and wage rate and
benefit or an hourly cash equivalent thereof
fringe benefits therefor only when the following criteria
have been met (iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(06/2009)
Previous editions are obsolete Page 1 of 5 ref Handbook 1344 1
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program (Approved by the Office of Management and applicable programs (Approved by the Office of
Budget under OMB Control Number 1215-0140 ) Management and Budget under OMB Control Numbers
2 Withholding HUD or its designee shall upon its own 1215-0140 and 1215-0017 )
action or upon written request of an authorized it (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5 5(a)(3)(i) except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or each employee (e g , the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number) The required weekly payroll
part of the wages required by the contract, HUD or its information may be submitted in any form desired
designee may after written notice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further htto//www do/qov/esa/whd/forms1wh3471nstr htm or its
payment, advance, or guarantee of funds until such successor site The prime contractor is responsible for
violations have ceased HUD or its designee may, after the submission of copies of payrolls by all subcontractors
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party the
contracts contractor will submit the payrolls to the applicant
3 (1) Payrolls and basic records Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work Such records requirements It is not a violation of this subparagraph for
shall contain the name, address, and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149 )
weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or
found under 29 CFR 5 5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following
or program described in Section I(b)(2)(6) of the Davis- 1) That the payroll for the payroll
( p y period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5 5
show that the commitment to provide such benefits is (a)(3)(n), the appropriate information is being maintained
enforceable, that the plan or program is financially under 29 CFR 5 5(a)(3)(i), and that such information is
responsible, and that the plan or program has been correct and complete,
Previous editions are obsolete form HUD-4010(06/2009)
Page 2 of 5 ref Handbook 1344 1
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3, applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract rate) specified in the contractor's or subcontractor's
registered program shall be observed Every apprentice
(c) The weekly submission of a properly executed must be paid at not less than the rate specified in the
certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
"Statement of Compliance" required by subparagraph specified in the applicable wage determination
A 3 (u)(b) Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
231 of Title 31 of the United States Code listed on the wage determination for the applicable
(m) The contractor or subcontractor shall make the classification If the Administrator determines that a
records required under subparagraph A 3 (1) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination In the event the Office of Apprenticeship
of Labor and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment advance, approved
or guarantee of funds Furthermore failure to submit the (ii) Trainees Except as provided in 29 CFR 5 16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5 12 employed pursuant ',to and individually registered in a
4 Apprentices and Trainees program which has received prior approval, evidenced by
(i) Apprentices Apprentices will be permitted to work at formal certification by the U S Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individually registered in a bona fide apprenticeship than permitted under the plan approved by the
program registered with the U S Department of Labor, Employment and Training Administration Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainees level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices Any
to the entire work force under the registered program Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010(06/2009)
Page 3 of 5 ref Handbook 1344 1
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24
determination for the work actually performed In addition, (ii) No part of this contract shall be subcontracted to any
any trainee performing work on the lob site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5 12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed In the participate in HUD programs pursuant to 24 CFR Part 24
event the Employment and Training Administration withdraws approval of a training program, the contractor en
i( ii) The penalty for making false statements is prescribed
will no longer be permitted to utilize trainees at less than i Additionally,
the U S S Criminal Criminal Cade, 18 U S C men Code, Section 1 01 0, Title 18, S ll ,
the applicable predetermined rate for the work performed
until an acceptable program is approved "Federal Housing Administration transactions", provides in
part "Whoever, for the purpose of influencing in any
(ni) Equal employment opportunity The utilization of way the action of such Administration makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false
shall be in conformity with the equal employment shall be fined not more than S5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years or both "
amended, and 29 CFR Part 30 11. Complaints, Proceedings, or Testimony by
5 Compliance with Copeland Act requirements The Employees No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6 Subcontracts The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision and also a clause requiring the applicable under this Contract to his employer
subcontractors to include these clauses in any lower tier B Contract Work Hours and Safety Standards Act The
subcontracts The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000 As used in this paragraph, the
subcontractor with all the contract clauses in this terms"laborers"and"mechanics'include watchmen and guards
paragraph
(1) Overtime requirements No contractor or subcontractor
7 Contract termination, debarment A breach of the contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5 5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the
contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in
5 12 such workweek unless such laborer or mechanic receives
8. Compliance with Davis-Bacon and Related Act Requirements, compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
9 Disputes concerning labor standards Disputes damages In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract Such disputes shall be resolved in for the unpaid wages In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, 6, and 7 Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages Such liquidated
its designee, the U S Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives laborer or mechanic, including watchmen and guards,
10 (r) Certification of Eligibility By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractors firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5 12(a)(1) or to be paragraph (1) of this paragraph
Previous editions are obsolete form HUD-4010(06/2009)
Page 4 of 5 ref Handbook 1344 1
(3) Withholding for unpaid wages and liquidated
damages HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph
(4) Subcontracts The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph
C Health and Safety The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds$100,000
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safely and health
standards promulgated by the Secretary of Labor by
regulation
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96) 40 USC
3701 et seq
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions
Previous editions are obsolete form HUD-4010(0612009)
Page 5 of 5 ref Handbook 1344 1
EXHIBIT K
General Decision Number: WA120018 03/23/2012 WA18
Superseded General Decision Number: WA20100033
State- Washington
Construction Type: Residential
County: King County in Washington.
RESIDENTIAL CONSTRUCTION PROJECTS (co&fsting of single family
homes and apartments up to and including 4 stories) .
Modification Number Publication Date
0 01/06/2012
1 01/27/2012
2 03/16/2012
3 03/23/2012
CARP0770-008 06/01/2011
Rates Fringes
Carpenters.
Including Drywall Hanging,
Form Work, and Acoustical
Ceiling Installation. . . . . . . .$ 27.00 11. 08
Piledriverman. . . . . . . . . . . . . . .$ 35.39 13.08
----------------------------------------------------------------
ELEC0046-005 01/01/2012
Rates Fringes
ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 17 50 3%+5.75
----------------------------------------------------------------
ENG-0302-011 06/01/2011
Rates Fringes
Power equipment operators:
Group 1A. . . . . . . . . . . . . . . . . . .$ 35.79 15.15
Group 1AA . . . . . . . . . . . . . . . . .$ 36.36 15.15
Group 1AAA. . . . . . . . . . . . . . . . .$ 36. 92 15.15
Group 1. . . . . . . . . . . . . . . . . . . . .$ 35.24 15.15
Group 2. . . . . . . . . . . . . . . . . . . . .$ 34 .75 15. 15
Group 3. . . . . . . . . . . . . . . . . . . . .$ 34 .33 13.15
Group 4. . . . . . . . . . . . . . . . . . . . .$ 31. 97 15.15
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1AAA - Cranes-over 300 tons, or 300 ft of boom
(including jib with attachments)
GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom
(including jib with attachments)
GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom
(including ]ib with attachments) ; Loaders-overhead, 8 yards
and over; Shovels, excavator, backhoes-6 yards and over
with attachments
GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom
(including jib with attachments) ; Excavator, shovel,
backhoes over 3 yards and under 6 yards; Loader- overhead 6
yaras to, but not including 8 yards; Dozer D-10
GROUP 2 - Cranes, 20 tons tnru 44 tons with attachments;
Drilling machine; Excavator, shovel, backnoe-3yards ana
under; Horizontal/directional drill operator;
Loaders-overhead under 6 yards; Motor Patrol
Grader-Finishing;Tvactors, backhoes-over 75 hp; Crane
Oiler-lC0 Tons and Over; Yo Yo Pay dozer
GROUP 3 - Cranes-thru 19 tons with attachments; Dozers-D-9
and under; Motor patrol grader-nonfinishing; Roller-Plant
Mix; Crane Oiler under 100 tons; Tractors, backhoe 75 hp
and under
GROUP 4 - Roller-other than plant mix
----------------------------------------------------------------
* IRON0086-005 01/01/2012
Rates Fringes
IRONWORKER (Reinforcing,
Structural and ornamental) . . . . . . .$ 37.89 20. 10
----------------------------------------------------------------
LAB00001-008 06/01/2009
Rates Fringes
Laborers:
Grade Checker, Pipelayer. . . . $ 31. 70 9.07
Mason Tender-Brick. . . . . . . . . .$ 32 .21 9.07
Mason Tender-
Cement/Concrete. . . . . . . . . . . . .$ 30. 96 9. 07
----------------------------------------------------------------
PAIN0005-021 07/01/2011
Rates Fringes
DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 34 . 15 14 .59
----------------------------------------------------------------
PAIN0005-022 07/01/2011
Rates Fringes
PAINTER (Roller and Spray) . . . . . . .$ 19.00 4.31
----------------------------------------------------------------
PAIN0188-003 07/01/2011
Rates Fringes
GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 26.09 8 .46
----------------------------------------------------------------
PAIN1238-002 03/01/2012
Rates Fringes
SOFT FLOOR LAYER (Including
Vinyl and Carpet) . . . . . . . . . . . . . . . .$ 28 .56 12 . 57
-------------
---------------------------------------------------
PLUM0032-006 07/01/2011
Rates Fringes
PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 32.19 11.03
-------------------------------------------------- -------------
ROOF0054-005 06/01/2011
Rates Fringes
ROOFER (Including Built ap
Roof, Composition Roof, Shake
and Shingle Roof) . . . . . . . . . . . . . . . .$ 31.57 12.08
----------------------------------------------------------------
SFWA0699-004 09/01/2011
Rates Fringes
SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 31. 86 8. 9
----------------------------------------------------------------
SHEE0066-014 06/01/2009
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct Installation) . . . . . . . . . .$ 19.95 7.85
----------------------------------------------------------------
SUWA2009-006 01/07/2009
Rates Fringes
CEMENT MASON/CONCRETE FINISHER. . .$ 28 . 16 3. 98
LABORER: Common or General. . . . . $ 15.75 2.30
OPERATOR: Concrete Pumper. . . . . .$ 17.32 0. 97
OPERATOR: Screed. . . . . . . . . . . . . . . .$ 17.00 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (i_) ) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type (s) of construction in the area covered by the wage
determination. The classifications are listed in a'phabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The
first four letters , PLUM, indicate the international union and
the four-digit number, 0198, that follows indicates the local
union number or district council number where applicable ,
i.e. , Plumbers Local C198. The next number, 005 in the
example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these
characters is the effective date of the most current
negotiated rate/collective bargaining agreement wnich would be
July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rate.
Non-_neon Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour DLvision letter setting forth a position on
a wage determination matter
x a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conductea
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process aescribed in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be w_th the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can reques�
review and reconsideration from the Wage ar_d Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Deaartment of Tabor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a --,,all statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requester considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write io:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
i
1
i
T
REQUEST FOR MAYOR'S SIGNATURE
• Please Fill in All Applicable Boxes
40
KEN
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT 15-
Originator: Katherin Johnson, Phone (Originator): 5073 y✓
Parks/Human Svs.
Date Sent: 9/25/12 Date Required- ASAP
Return Signed Document to: Katherin CONTRACT TERMINATION DATE: 17 .
VENDOR NAME: Kent Youth and Family DATE OF COUNCIL APPROVAL: 11/3/09
Services
Funds from the 2009 CDBG allocation were recaptured and applied to an emergency building repair
for Kent Youth and Family Services, Watson Manor Work includes demolition of the existing exterior
lower wall at east elevation including sheathing and gypsum wall board, framing modifications to
accommodate the new exterior wall, cutting and patching of gypsum board, and the addition of new
concrete wall and footing Without the work the building could fail
Council approved using 2009 funds for a public facility which includes facilities owned by non profit
agencies
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
C
Received: ��°'� ���� � � �� "
�`i `ty 01 Kent
Approval of Law Dept.. gip 2 � ZQ�2 the
< j T
Law Dept Comments: v
NT LAW DEPT. U '�
Date Forwarded to Mayor. r�
Shaded Areas To Be Completed ByAdminist ,ph Staff
i Received:
CIS OF KENT
Recommendations and Comments: CRY CLERK
Disposition: 0� C7�
Date Returned: //